Citation and commencement

1.  These Regulations may be cited as the Landfill Allowances Scheme (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 1st March 2006.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations “the principal Regulations” means the Landfill Allowances Scheme (Northern Ireland) Regulations 2004(3).

Amendment to the principal Regulations

3.—(1) The principal Regulations shall be amended as follows.

(2) In regulation 19 (Penalties: exceeding allowances)–

(a)in paragraph (1) for “£200” substitute “£150”;

(b)in paragraph (3) after the words “F is the amount of any fine imposed on the United Kingdom” add the words “in respect of the United Kingdom’s obligations under Article 5(2) of Council Directive 99/31/EC on the landfill of waste”; and

(c)in paragraph (4) after the words “F is, for the scheme year, the amount of any fine imposed on the United Kingdom” add the words “in respect of the United Kingdom’s obligations under Article 5(2) of Council Directive 99/31/EC on the landfill of waste”.

(3) In regulation 21 (Penalties: general) in paragraph (1)(b) for “the authority” substitute “the district council”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Landfill Allowances Scheme (Northern Ireland) Regulations 2004 (“the principal Regulations”) by reducing the level of penalty to which a district council is liable under section 9(2) of the Waste and Emissions Trading Act 2003 from £200 multiplied by the excess landfill for that district council to £150 multiplied by the excess landfill by that district council.

These Regulations also amend the principal Regulations for the purposes of clarifying or correcting existing references.