(1) Regulations 26 and 27 apply to a landfill if—
(a) the landfill—
(i) has a total capacity of not less than 1 million tonnes; and
(ii) contains not less than 200 000 tonnes of waste; and
(iii) is or is likely to be accepting waste; and
(b) the waste in or to be included in the landfill is likely to consist of 5% or more (by weight) of matter that is putrescible or biodegradable.
(2) However, regulations 26 and 27 do not apply to a landfill until 8 October 2007 if the landfill—
(a) has a total capacity of not less than 1 million tonnes of waste; and
(b) on 8 October 2004—
(i) contains not less than 200 000 tonnes of waste; and
(ii) is accepting waste; and
(c) does not operate a gas collection system.
(3) Regulations 26 and 27 do not apply to a cleanfill.