The use of the first two derogations will link in with the Landfill Allowances Trading Scheme (LATS), which will be enshrined in statute shortly, when the Queen gives Royal Assent to the Waste and Emission Trading (WET) Bill.
The targets set by the directive are to reduce the amount of biodegradable municipal waste going to landfill to 75% of 1995 waste levels by 2006, 50% by 2009 and 35% by 2020. However, because of the particularly high landfill rate, the UK was given the option of derogations to put back these targets to 2010, 2013 and 2020.
While it has been assumed in the waste and recycling sector that the UK would take up these derogations, the government has now confirmed that the first two derogations will be taken. Within the consultation on the Bill it has been assumed that the derogations would be used.
Despite the use of the derogations, the UK faces huge challenges in diverting biodegradable municipal waste from landfill with the need in England alone to divert 7.5 million tonnes from landfill by 2013.
Explaining the decisions to use the derogations and how the LATS would work, Mr Alderton, head of landfill policy team within the Department for Environment, Food and Rural Affairs, said that the reasoning behind the legislation is “to deliver the government’s aim to move towards a sustainable waste management policy.”
Speaking at one of a series of local authority and industry seminars that the Department has addressed in recent weeks, Mr Alderton said: “There is a clear need to move away wherever possible from the easiest disposal route, and in the future this will mean less easy and more expensive options.”
Penalties
The legislation is important to local authorities, and in particular waste disposal authorities, who will face stiff financial penalties if they fail to meet targets for the diversion of biodegradable municipal waste. These could be in the order of 200 a tonne, and the councils would also receive a share of any EU fines levied on the UK, if it fails to meet its target and is penalised by Brussels.
The heart of the WET Bill is the Local Allowances Trading Scheme (LATS) although Wales is not choosing to use this type of scheme while Northern Ireland will have a different approach, as most landfills are owned by local authorities. In Scotland, a decision is likely on having an allowances scheme but details are still to be confirmed.
Start date
The start date for LATS is still to be announced and is currently subject to consultation. The scheme could start in July 2004 and be a July-to-June year from then on.
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