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Page 204, line 20, leave out sub-paragraph (4).

The noble Lord said: I apologise to the Committee, but I now wish to move Amendment No. 367 and speak to Amendments Nos. 368 to 370. I accept that the Committee allowed me to speak to the amendments in the group led by Amendment No. 345, moved and subsequently withdrawn by the noble Baroness, Lady Hamwee. The Minister replied to me at that time, but, due to the procedure, I had no opportunity to reply to his remarks.

I asked the Minister specifically what problem had arisen since the licensing regulations came into force in May last year which had given rise to the necessity for the agency to have a crystal ball to look into the future and find out what might happen in terms of a breach. The Minister did not give me a reason for the wording but said—and I paraphrase—that they were harmonising provisions. He then referred to Section 13(1) and (2) of the Environmental Protection Act, although I may be wrong about that. He did not give me an answer about the breaching of the licensing conditions which had applied since May last year. In my submission, it is not good enough that harmonisation should be the sole reason for bringing in the diabolical words:


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At about 7 o'clock this evening I referred to crystal ball gazing and that is what it would amount to. Unless my noble friend can give me a good hard reason why the agency should be invited to project its ideas and determine the result of an action which has not yet taken place, I fail to see why the industry should be subjected to the quite radical and severe element of jurisdiction. My noble friend talked about the agency being there to avert a breach, to correct a problem at an early stage, to safeguard sound working practices. But he produced to the Committee no instance since licensing began to show that there is a necessity for the provision. The purpose of the amendment is to remove those totally unnecessary words from the Bill. I beg to move.

Viscount Ullswater: When the amendments were moved, I said that the serving of an enforcement notice before a licence condition had actually been breached, but where such a breach seems likely, will give the agency the opportunity to avert pollution before it happens. In addition, it will give the licence holder a chance to correct a problem before more serious and expensive consequences arise. This is a perfectly proper provision. As my noble friend said, it is a parallel power which is the same as that governing discharge consents provided by new Section 90B of the Water Resources Act and under Section 13 subsections (1) and (2) of the 1990 Act. I do not see any reason why these parallel powers, which I believe will be in the interest of cleaning up pollution or averting pollution when it is likely to take place, should not be included in the Bill.

Lord Lucas of Chilworth: I thank my noble friend for his further remarks. Harking back to the original harmonising provisions, I am sorry that there is no harmony between me and my noble friend this evening. I should like to consider his remarks much more deeply. But at this moment I cannot accept his response. This is not a time to take the matter further. I gave notice of my intentions. I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Amendments Nos. 368 to 371 not moved.]

The Earl of Lindsay moved Amendment No. 372:


Page 205, line 8, leave out ("so far as extending to England and Wales").

The noble Earl said: In moving this amendment, I speak also to Amendment No. 400. These amendments would extend to Scotland the repeal of Section 50 of the Environmental Protection Act 1990. I beg to move.

On Question, amendment agreed to.

[Amendment No. 372A not moved.]

Viscount Ullswater moved Amendment No. 372B:


Page 205, leave out lines 22 to 26 and insert:
(" .—(1) Section 62 of that Act (special provision with respect to certain dangerous and intractable waste) shall be amended in accordance with the following provisions of this paragraph.
(2) In subsection (3), for paragraph (a) (regulations providing for the supervision of certain activities and the recovery of the costs from persons carrying on the activities) there shall be substituted—
"(a) for the supervision by waste regulation authorities—
(i) of activities authorised by virtue of the regulations or of activities by virtue of carrying on which persons are subject to provisions of the regulations, or

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(ii) of persons who carry on activities authorised by virtue of the regulations or who are subject to provisions of the regulations,
and for the recovery from persons falling within sub-paragraph (ii) above of the costs incurred by waste regulation authorities in performing functions conferred upon those authorities by the regulations;".
(3) After that subsection (which also includes provision for regulations to provide for appeals to the Secretary of State) there shall be added—
"(3A) This section is subject to section 95 of the Environment Act 1995 (delegation or reference of appeals etc)."
. In section 63 of that Act (waste other than controlled waste) for subsection (2) (offences relating to the deposit of waste which is not controlled waste but which, if it were such waste, would be special waste) there shall be substituted—
"(2) A person who deposits, or knowingly causes or knowingly permits the deposit of, any waste—
(a) which is not controlled waste, but
(b) which, if it were controlled waste, would be special waste,
in a case where he would be guilty of an offence under section 33 above if the waste were special waste and any waste management licence were not in force, shall, subject to subsection (3) below, be guilty of that offence and punishable as if the waste were special waste."").

The noble Viscount said: I spoke to this amendment with Amendment No. 216A. I beg to move.

On Question, amendment agreed to.

[Amendments Nos. 372C to 372DA had been withdrawn from the Marshalled List.]

Viscount Ullswater moved Amendment No. 372E:


Page 206, line 32, at end insert:
(" .—(1) Section 75 of that Act (meaning of "waste" etc.) shall be amended in accordance with the following provisions of this paragraph.
(2) For subsection (2) (definition of "waste") there shall be substituted—
"(2) "Waste" means any substance or object in the categories set out in Schedule 2B to this Act which the holder discards or intends or is required to discard; and for the purposes of this definition—
"holder" means the producer of the waste or the person who is in possession of it; and
"producer" means any person whose activities produce waste or any person who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste."
(3) Subsection (3) (presumption that anything discarded is waste unless the contrary is proved) shall cease to have effect.
(4) After subsection (9) there shall be added—
"(10) Schedule 2B to this Act (which reproduces Annex I to the Waste Directive) shall have effect.
(11) Subsection (2) above is substituted, and Schedule 2B to this Act is inserted, for the purpose of assigning to "waste" in this Part the meaning which it has in the Waste Directive by virtue of paragraphs (a) to (c) of Article 1 of, and Annex I to, that Directive, and those provisions shall be construed accordingly.

75/442/EEC

(12) In this section "the Waste Directive" means the directive of the Council of the European Communities, dated 15th July 1975, on waste, as amended by—
91/156/EEC

(a) the directive of that Council, dated 18th March 1991, amending directive 75/442/EEC on waste; and

14 Feb 1995 : Column 677

91/692/EEC

(b) the directive of that Council, dated 23rd December 1991, standardising and rationalising reports on the implementation of certain Directives relating to the environment."").

The noble Viscount said: I spoke to this amendment with Amendment No. 352B. I beg to move.

On Question, amendment agreed to.

[Amendment No. 372EA had been withdrawn from the Marshalled List.]

[Amendments Nos. 372EAA to 372EBB not moved.]

[Amendment No. 372EC had been withdrawn from the Marshalled List.]

[Amendment No. 372ED not moved.]

Viscount Ullswater moved Amendment No. 372F:


Page 208, line 28, at end insert:
(" . After Schedule 2A to that Act there shall be inserted—
"SCHEDULE 2B
Categories of waste
1. Production or consumption residues not otherwise specified below.
2. Off-specification products.
3. Products whose date for appropriate use has expired.
4. Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc., contaminated as a result of the mishap.
5. Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.).
6. Unusable parts (e.g. reject batteries, exhausted catalysts, etc.).
7. Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents, exhausted tempering salts, etc.).
8. Residues of industrial processes (e.g. slags, still bottoms, etc.).
9. Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.).
10. Machining or finishing residues (e.g. lathe turnings, mill scales, etc.).
11. Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.).
12. Adulterated materials (e.g. oils contaminated with PCBs, etc.).
13. Any materials, substances or products whose use has been banned by law.
14. Products for which the holder has no further use (e.g. agricultural, household, office, commercial and shop discards, etc.).
15. Contaminated materials, substances or products resulting from remedial action with respect to land.
16. Any materials, substances or products which are not contained in the above categories."").

The noble Viscount said: I spoke to this amendment with Amendment No. 352B. I beg to move.

On Question, amendment agreed to.

[Amendments Nos. 373 and 374 not moved.]

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