Environmental Protection PART 1 General Citation, commencement and extent 1 1 These Regulations may be cited as the Waste and Emissions Trading Act 2003 (Amendment) Regulations 2011. 2 Subject to paragraph (3), these Regulations come into force on 21st November 2011. 3 Parts 3 and 4 come into force immediately after Part 2. 4 Parts 3 and 4 extend to England and Wales only. PART 2 Amendment of the Waste and Emissions Trading Act 2003 Amendment of the Waste and Emissions Trading Act 2003 2 Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (waste sent to landfills) is amended in accordance with regulations 3 to 8. Substitution of references to “biodegradable local authority collected municipal waste” 3 In the following provisions, for “biodegradable municipal waste” substitute “ biodegradable local authority collected municipal waste ” a section 4(1) (allocation of landfill allowances); b section 9(1) (duty not to exceed allowances); c section 10(2)(a) (monitoring authorities); d section 11(2)(d) and (f) (scheme regulations); e section 12(1) and (2)(b)(i) (powers in relation to waste disposal authorities). Amendment of section 4 (allocation of landfill allowances) 4 In section 4— a for subsection (2) substitute— 2 In performing the duty under subsection (1), an allocating authority must ensure that the total amount of waste authorised to be sent to landfills by the allowances it allocates for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2. ; and b at the end of subsection (4)(b) insert “ including in particular how the authority has complied with the duty in subsection (2) ” . Amendment of section 5 (alteration of allocations under section 4) 5 In section 5— a for subsection (3) substitute— 3 In exercising the power under subsection (1), an authority must ensure that the total amount of waste authorised to be sent to landfills by allowances allocated by it for a year does not cause the amount of biodegradable municipal waste sent to landfills for that year to exceed the amount specified for its area under section 1 or 2. ; and b at the end of subsection (4)(b) insert “ including in particular how the authority has complied with the duty in subsection (3) ” . Amendment of section 21 (“ biodegradable waste ” and “ municipal waste ”) 6 1 For the heading of section 21 substitute— “ “Biodegradable waste”, “municipal waste” and “local authority collected municipal waste” ” . 2 In section 21— a for subsection (2) substitute— 2 In this Chapter— a “ biodegradable municipal waste ” means waste that is both biodegradable waste and municipal waste; and b “ biodegradable local authority collected municipal waste ” means waste that is both biodegradable waste and local authority collected municipal waste. ; b in subsection (3), for “subsection (2)” substitute “ this section ” ; and c after subsection (3) insert— 4 In subsection (2) “ local authority collected municipal waste ” means any municipal waste which is collected under arrangements made by a waste collection authority or a waste disposal authority. 5 In subsection (4) “waste collection authority”— a in relation to England and Wales and Scotland, has the same meaning as in Part 2 of the Environmental Protection Act 1990 ; b in relation to Northern Ireland, means a district council. . Amendment of section 25 (activities to which Chapter 1 does not apply) 7 In section 25(1), after “biodegradable waste”, insert “ , biodegradable local authority collected municipal waste ” . Disapplication of certain penalty provisions where the allocating authority is the Secretary of State 8 The following provisions cease to apply where the allocating authority is the Secretary of State— a section 9(3) and (4) (duty not to exceed allowances); b section 26(4) (penalties under Chapter 1: general). PART 3 Amendment of the Landfill Allowances and Trading Scheme (England) Regulations 2004 Amendment of the Landfill Allowances and Trading Scheme (England) Regulations 2004 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 2 (interpretation) 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Substitution of “local authority collected municipal waste” and “biodegradable local authority collected municipal waste” 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 13 (determining the amount of biodegradable municipal waste in amounts of waste) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulation 20 (penalties: exceeding allowances) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4 Amendment of the Joint Waste Authorities (Proposals) Regulations 2009 Amendment of the Joint Waste Authorities (Proposals) Regulations 2009 14 In the Joint Waste Authorities (Proposals) Regulations 2009 , for paragraph 7 of Schedule 2 substitute— 7 1 If the proposed joint waste authority has the function of disposing of biodegradable local authority collected municipal waste, the arrangements to ensure the fulfilment of its duties as a waste disposal authority for the purposes of the Waste and Emissions Trading Act 2003 . 2 In this paragraph, “ biodegradable local authority collected municipal waste ” has the meaning given by section 21 of that Act . . Taylor of Holbeach Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs