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Viscount Ullswater moved Amendment No. 257:


After Clause 103, insert the following new clause:

Service of documents

(" .—(1) Without prejudice to paragraph 15(2) (d) of Schedule 7 to this Act, any notice required or authorised by or under this Act to be served (whether the expression "serve" or the expression "give" or "send" or any other expression is used) on any person may be served by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
(2) Any such notice may—
(a) in the case of a body corporate, be served on the secretary or clerk of that body;
(b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
(3) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served shall be his last known address, except that—
(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

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(b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
(4) If the person to be served with any such notice has specified an address in the United Kingdom other than his proper address within the meaning of subsection (3) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.
(5) Where under any provision of this Act any notice is required to be served on a person who is, or appears to be, in occupation of any premises then—
(a) if the name or address of such a person cannot after reasonable inquiry be ascertained, or
(b) if the premises appear to be or are unoccupied,
that notice may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the premises or by leaving it conspicuously affixed to some building or object on the premises.
(6) This section shall not apply to any notice in relation to the service of which provision is made by rules of court.
(7) The preceding provisions of this section shall apply to the service of a document as they apply to the service of a notice.
(8) In this section—
"premises" includes any land, vehicle, vessel or mobile plant;
"serve" shall be construed in accordance with subsection (1) above.").

The noble Viscount said: My Lords, with this amendment I should like to address Amendment No. 288. They are minor and technical government amendments. I beg to move.

On Question, amendment agreed to.

Clause 105 [Short title, commencement and extent]:

Viscount Ullswater moved Amendment No. 258:


Page 113, line 10, after ("Act)") insert ("and the repeal of sub-paragraph (1) of paragraph 22 of Schedule 10 to this Act (which comes into force in accordance with sub-paragraph (7) of that paragraph)").

The noble Viscount said: My Lords, I spoke to this amendment with Amendment No. 185. I beg to move.

On Question, amendment agreed to.

Schedule 18 [Minor and consequential amendments]:

The Earl of Lindsay moved Amendments Nos. 259 to 267:


Page 187, line 40, at end insert ("other than section 2(2) (accounting requirements in relation to local authority agreements entered into in pursuance of section 1)").
Page 192, leave out line 18.
Page 192, line 24, leave out from beginning to ("and").
Page 193, line 14, at end insert:
("( ) Section 31D (powers of entry in relation to agreements under section 31B) shall cease to have effect.").
Page 193, line 36, at end insert:
("( ) In section 36 (provisions supplementary to sections 34 and 35)—
(a) in subsection (1), after the word "shall" there shall be inserted the words ", subject to subsections (2A) and (2B) below,"; and

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(b) after subsection (2) there shall be inserted the following subsections—
"(2A) A person who proposes to make, or has made, an application to SEPA for consent in pursuance of section 34 of this Act may apply to the Secretary of State within a prescribed period for a certificate providing that subsection (1) above shall not apply to that application.
(2B) If the Secretary of State is satisfied that—
(a) it would be contrary to the interests of national security; or
(b) it would prejudice to an unreasonable degree the commercial interests of any person,
not to issue a certificate applied for under subsection (2A) above, he may issue the certificate and, if he does so, subsection (1) above shall not apply to the application specified in the certificate.".").
Page 197, line 30, at end insert:
("( ) Any person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence and liable—
(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.").
Page 197, line 36, leave out ("30J(4) (a)") and insert ("30J(5) (a), 34").
Page 198, line 17, at end insert:
("( ) Section 91(5) (a) (application of that section to Scotland) shall cease to have effect.").
Page 198, line 19, at end insert:
("( ) In section 98 (interpretation of Part V), for paragraph (b) of the definition of "relevant authority" there shall be substituted—
"(b) in Scotland—
(i) as respects sections 91 and 92, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
(ii) as respects this Part other than those sections, the Secretary of State, SEPA or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.".").

The noble Earl said: My Lords, these amendments are, on the whole, technical in nature. I beg to move.

On Question, amendments agreed to.

Viscount Ullswater moved Amendment No. 268:


Page 202, line 37, at end insert:

("The Town and Country Planning Act 1990

. In section 2 of the Town and Country Planning Act 1990 (joint planning boards for National Parks and other areas) after subsection (6) there shall be inserted—
"(6A) Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, subject to any necessary modifications, of any provisions of Part III (accounts and audit) of the Local Government Finance Act 1982 (as well as of any provisions of the Local Government Act 1972) by such an order as is mentioned in subsection (6) above.".

The noble Viscount said: My Lords, I spoke to Amendment No. 268 with Amendment No. 183. I beg to move.

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On Question, amendment agreed to.

The Earl of Lytton moved Amendment No. 269:


Page 208, line 24, at end insert:
("( ) In subsection (4), after the words "or do the thing and" there shall be added the words "subject to subsections (4A) to (4C) below".
( ) After subsection (4), there shall be inserted—
"(4A) No person shall be required to grant rights in relation to any land in accordance with subsection (4) above unless—
(a) the person whose consent is required—
(i) has been given notice of the application for a waste management licence and the full details of the proposed condition which will require the grant of the rights, and
(ii) has been given the opportunity to make objections and to have those objections heard by a person appointed on behalf of the waste regulation authority; and
(b) the waste regulation authority is satisfied—
(i) that the holder of the licence gave details of the person whose consent is required in accordance with subsection (4B) (b) below,
(ii) that there is no practical alternative to the imposition or the condition in a form which requires the grant of rights in the land,
(iii) that the applicant has sought to negotiate with the person whose consent is required and that person has been unreasonable, and
(iv) that it is reasonable in all the circumstances, taking full account of the objections made by the person whose consent is required, to impose the condition.
(4B) The waste regulation authority shall require the person who has applied for a licence—
(a) to certify that there is no other person who has an interest in any land to which the proposed licence or any condition relates, at the time the application is made, and at any time thereafter if additional land is to be affected by a proposed condition, or
(b) to specify the names and addresses of each person who has an interest in any relevant land and that he has served notice of the application of the proposed condition on each person in such form as may be prescribed.
(4C) Where a person is required to grant consent, the holder of the licence shall make a payment equal to the amount which would be paid for the grant of the necessary rights in the land after negotiation between a prudent and willing owner with power to grant the rights and a prudent and willing holder of the relevant licence having regard to the burdens and benefits and all other relevant matters.".").

The noble Earl said: My Lords, I apologise to your Lordships for moving this amendment so late at night but it involves an important issue and I feel I must raise the point. The amendment was debated late on the final day of the Committee stage. It is supported by the Association of County Councils. I considered what the Minister said on that occasion, as has the noble Lord, Lord Stanley, and I have to say that we still have very great reservations about the situation.

In his reply, the Minister relied on the argument that the powers of landfill operators to go on to neighbouring land without the consent of the owner or the occupier are justified in the public interest. It always seems to be the case that compulsory powers are justified in the eyes of Ministers as being in the public interest. But that cuts very little ice with me. The Minister will recall the debate on compulsory powers during the proceedings on

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the Coal Industry Bill last year. These powers are subject to confirmation by the Secretary of State. But the Government eventually accepted that the fact that compulsory powers were granted in the public interest should not provide a charter for private sector operators to behave unreasonably in their dealings with individual property owners. By that I mean householders, businesses, farmers and landowners.

So I have question which I should like the Minister to take away and consider, because he probably will not be in a position to give me an answer tonight. Is it right that private sector coal operators should have to contact and negotiate with property owners before assuming that they have powers of access over the land of others? If that is the case, why should not the same approach be applied here? If it was all right for the Coal Industry Bill, it ought to be all right in this Bill.

I am not denying the right of access, if necessary, where owners prove to be unreasonable. There is a perfectly satisfactory reason for overriding the situation there. But the Government seem to have forgotten what they accepted during the proceedings on the Coal Industry Bill.

I do not intend to press the amendment this evening, but I should like to know how the Government justify this departure from the principles agreed last year. If natural justice prevailed then, why should it not now?

Local authorities granting licences must, by all proper standards of conduct, have regard to the interests of third parties. The Bill does not require them to. I have been informed that there is currently a case where a landfill operator is considering resorting to these very powers, where the neighbouring owner affected has reason to believe that the operator can carry out the work necessary on his own land therefore making it unnecessary for access to be gained to somebody else's land. This is an important issue. I beg to move.

10.45 p.m.


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