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Waste (Wales) Measure 2010

Consolidated Text As Enacted Cited authorities 23 Cited in Related
Vincent
JurisdictionWales
Citation2010 nawm 8
(1) Schedule 6 to the Climate Change Act 2008 is amended in accordance with this section.(2) After paragraph 4 insert–
    (4A) Destination of proceeds – Wales
  • “(1) This paragraph applies to regulations made by the Welsh Ministers in relation to Wales.
  • (2) The regulations may provide for the application of the net proceeds of the charge to specified purposes.
  • (3) Regulations under sub-paragraph (2) may (among other things) –
  • (a) require sellers to apply the net proceeds of the charge to any one or more specified purposes;
  • (b) provide for any duty imposed under paragraph (a) to be discharged (subject to any provision made under paragraph (c) ) by the net proceeds of the charge being accepted by any one or more of the following persons–
  • (i) specified persons;
  • (ii) persons who fall within a specified category of person;
This paragraph applies to regulations made by the Welsh Ministers in relation to Wales.The regulations may provide for the application of the net proceeds of the charge to specified purposes.require sellers to apply the net proceeds of the charge to any one or more specified purposes;specified persons;persons who fall within a specified category of person;make provision about the arrangements under which the net proceeds of the charge are to be given by sellers to the persons mentioned in paragraph (b) or any other person;require persons who accept any net proceeds of the charge under paragraph (b) to apply the proceeds to any one or more specified purposes;provide for recovery by the Welsh Ministers of sums equal to the proceeds of the charge that have been accepted or applied otherwise than in accordance with provision made under sub-paragraph (2) ;provide for the application of sums recovered under paragraph (e) to specified purposes (this includes making provision to the effect that such sums are not to be paid into the Welsh Consolidated Fund) ;require the Welsh Ministers to give guidance about compliance with the regulations.preventing or reducing waste;the collection, management, treatment or disposal of waste;protecting or improving the environment in relation to pollution or nuisances;educational or recreational activities for children or young people which relate to any of the matters specified in paragraphs (a) to (c) .But purposes concerning the production of renewable energy for consumption in transport or the use of that energy in transport may not be specified under sub-paragraph (2) .The regulations may make provision for regulations under this Schedule to apply to persons other than sellers, if the Welsh Ministers consider that such provision is appropriate for the enforcement of provision made under sub-paragraph (2) or for otherwise making such provision effective.a seller's arrangements for applying the net proceeds of the charge, orany other factor that the Welsh Ministers consider appropriate, whether or not that factor is of the same kind as the factors listed in that paragraph.The regulations may provide for exceptions and exemptions.This paragraph applies for the purposes of paragraph 4A.“Children” means persons who have not attained the age of 18.“Pollution” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.harm to the health of humans and other living organisms;harm to the quality of the environment taken as a whole,harm to the quality of the air, water or land, andother impairment of, or interference with, the ecological systems of which any living organisms form part;offence to the senses of human beings;damage to property;impairment of, or interference with, the amenity of the environment or any legitimate use of the environment.For the purposes of sub-paragraphs (3) and (4) , “air” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground.“Nuisance” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment.“Net proceeds of the charge” has the same meaning as in paragraph 7(4) .“Young people” means persons who have attained the age of 18, but not the age of 25.(3) After paragraph 7(3) insert–
  • “(3A) Regulations made by the Welsh Ministers may also require the publication or supply of records or information relating to the amount received by a person from a seller by way of net proceeds of the charge to be applied to purposes specified under paragraph 4A(2) .
.Regulations made by the Welsh Ministers may also require the publication or supply of records or information relating to the amount received by a person from a seller by way of net proceeds of the charge to be applied to purposes specified under paragraph 4A(2) .(4) After paragraph 8(2) insert–
  • “(2A) Regulations made by the Welsh Ministers may also confer powers on an administrator to question a person the administrator reasonably believes has received any net proceeds of the charge or officers or employees of such a person.
.Regulations made by the Welsh Ministers may also confer powers on an administrator to question a person the administrator reasonably believes has received any net proceeds of the charge or officers or employees of such a person.
  • In section 77 of the Climate Change Act 2008, after subsection (4) (a) insert–
    • they are the first regulations to be made by the Welsh Ministers under paragraph 4A of the Schedule,(1) The recycling, preparation for re-use and composting targets are specified in subsections (2) and (3) .each target financial year, andeach subsequent financial year until the next target financial year.column 1 specifies the target amount for a target financial year (and the financial years falling within subsection (2) (b) ) , andcolumn 2 specifies the target financial year to which the target amount in the corresponding entry in column 1 applies.TABLE
    Target amount Target financial year
    52% 2012/13
    58% 2015/16
    64% 2019/20
    70% 2024/25
    (4) The Welsh Ministers may amend this table by order.recycling;preparation for re-use;composting (including any other form of transformation by biological processes) .(6) The Welsh Ministers may make provision by order for establishing whether waste is recycled, prepared for re-use, or composted for the purposes of the targets under this section.(7) A local authority that does not meet a recycling, preparation for re-use and composting target is liable to a penalty to be paid to the Welsh Ministers.all waste collected in that year by a local authority under section 45 of the Environmental Protection Act 1990;all waste deposited in that year at places provided by a local authority under subsections (1) (b) and (3) of section 51 of that Act;such other waste as may be

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