Bevan Brittan has scooped a lead role
advising Northamptonshire County Council (NCC) on a
groundbreaking new form of trading agreement for
landfill allowances.
The deal sees NCC join forces with the London Borough of
Greenwich on a long-term trading agreement designed to
enable both local authorities to manage their landfill
arrangements more efficiently. The agreement, which
signed in early February, will run until 2020.
The trading agreement was drawn up in line with the
Government’s Landfill Allowance Trading Scheme (LATS).
The system, which was launched in 2005, allows Waste
Disposal Authorities (WDAs) such as NCC to trade, save,
bank or borrow the allocation of landfill allowances
granted to them (Landfill Allowances) as a result of the
European Union Landfill Directive.
The scheme is part of a wider drive by the Department
for Environment, Food and Rural Affairs (Defra) to help
WDAs reduce the amount of biodegradable waste they send
to landfill sites.
Defra has encouraged WDAs to engage in strategic
long-term planning to make effective use of LATS as part
of an overall waste strategy. This has become an
increasingly important issue for all WDAs as Defra has
now set a fixed £150 penalty per tonne of biodegradable
waste if a WDA sends more than
its allocation of
waste to landfill in any year.
The approach adopted by NCC is unique in combining a
long-term commitment to buying Landfill Allowances with
flexibility as to the number of Landfill Allowances
required in each year. A pricing mechanism has been
included which allows both Authorities to achieve a fair
price that is representative of the market for Landfill
Allowances in the relevant scheme year.
NCC is now considering rolling out the innovative model
to include fresh agreements with other WDAs and has held
preliminary talks with Defra about sharing their
Landfill Allowances know-how.
Bevan Brittan fielded a team that included associate
Nadeem Arshad and trainee Kirsty Andrews, both members
of the firm’s specialist waste team.
Commenting on the deal, Nadeem said: “NCC have taken an
important step in managing their LATS allowances through
this innovative trading agreement. More and more WDAs
are carefully rethinking their ability to generate
savings through the LATS regime and it is great to see
one of Bevan Brittan’s key clients taking the lead.”
The latest deal underlines the increasing reputation of
Bevan Brittan in the waste and renewables sector with
the firm also currently advising NCC on a county-wide
Household Waste Recycling Centre rationalisation project
as well as acting for both NCC and Milton Keynes on a
separate joint waste PFI project.
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