Landfill Allowances and Trading Scheme (England)(Amendment) Regulations 2005 (S.I. No. 880 of 2005).

The principal Regulations made provision for implementing Chapter 1 of Part 1 of the Waste and Emissions Trading Act 2003 (waste sent to landfills) including the landfill allowances scheme under that Part. They were made for the purpose of implementing Articles 5(1) and (2) of Council Directive 99/31/EC on the landfill of waste. Under the Act, if an allocating authority for an area has made an allocation of landfill allowances for a scheme year, each waste disposal authority in the area owes a duty to the allocating authority to secure that the amount of biodegradable municipal waste sent to landfills in that year does not exceed the landfill allowances available to the authority for the same year (section 9(1) of the Act). A waste disposal authority that fails to comply with this duty is liable to a penalty (section 9(2) of the Act). In relation to England the allocating authority is the Secretary of State (section 24(1) of the Act).