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Session 1998-99
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Amendments to the Pollution Prevention and Control Bill [H.L.]

Pollution Prevention and Control Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Pollution Prevention and Control Bill [H.L.] to be moved on Third Reading in the House of Lords.

  
Clause 1
 
  
BY THE LORD JENKIN OF RODING
 
     Page 1, line 16, at end insert ("including activities in the territorial waters and the sea designated within the meaning of the Continental Shelf Act 1964,") 
  
Clause 2
 
  
BY THE LORD PEARSON OF RANNOCH
 
     Page 2, line 17, at end insert--
 
    ("(  )  Regulations under this section shall require individuals or bodies responsible for carrying out such activities as are referred to in the regulations (not being a category of activity referred to in Annex I of Council Directive 96/61/EC) to employ the best available techniques not entailing excessive cost (in this section referred to as "BATNEEC") to be used for minimising the pollution which may be caused to the environment as a whole by those activities:
 
    Provided that--
    (a)  regulations under this section may specify circumstances where a more or less restrictive regime than BATNEEC may be required either to comply with European or other international obligations, or on account of other circumstances;
    (b)  where regulations are made pursuant to paragraph (a) above, they shall be accompanied by a statement explaining why such a more or less restrictive regime should be applied; and
    (c)  if the regime to be employed is more restrictive than BATNEEC, the regulations embodying that regime shall not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.")
 
     Page 3, line 11, at end insert--
    ("(  )  regulations under this section which affect the subject-matter of sections 1 to 28 of the Environmental Protection Act 1990 (notwithstanding the repeal of those sections);")
 
  
After Clause 2
 
  
BY THE LORD RENTON
THE LORD PEARSON OF RANNOCH
 
     Insert the following new Clause-- 
     ("  .--(1)  The following persons, namely--
    (a)  a person who has been refused the grant of an authorisation under regulations made under this Act;
    (b)  a person who is aggrieved by the conditions attached, under any regulations made under this Act, to his authorisation;
    (c)  a person who has been refused a variation of an authorisation on an application under regulations made under this Act;
    (d)  a person whose authorisation has been revoked under regulations made under this Act;
may appeal against the decision of the enforcing authority to the Secretary of State (except where the decision implements a direction of his).
 
    (2)  A person on whom a variation notice, an enforcement notice or a prohibition notice is served may appeal against the notice to the Secretary of State.
 
    (3)  Where an appeal under this section is made to the Secretary of State--
    (a)  the Secretary of State may refer any matter involved in the appeal to a person appointed by him for the purpose; or
    (b)  the Secretary of State may, instead of determining the appeal himself, direct that the appeal or any matter involved in it shall be determined by a person appointed by him for the purpose;
and a person appointed under paragraph (b) above for the purpose of an appeal shall have the same powers under subsection (5), (6) or (7) below as the Secretary of State.
 
    (4)  An appeal under this section shall, if and to the extent required by regulations under subsection (10) below, be advertised in such manner as may be prescribed by regulations under that subsection.
 
    (5)  If either party to the appeal so requests or the Secretary of State so decides, an appeal shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private).
 
    (6)  On determining an appeal against a decision of an enforcing authority under subsection (1) above, the Secretary of State--
    (a)  may affirm the decision;
    (b)  where the decision was a refusal to grant an authorisation or a variation of an authorisation, may direct the enforcing authority to grant the authorisation or to vary the authorisation, as the case may be;
    (c)  where the decision was as to the conditions attached to an authorisation, may quash all or any of the conditions of the authorisation;
    (d)  where the decision was to revoke an authorisation, may quash the decision;
and where he exercises any of the powers in paragraphs (b), (c) or (d) above, he may give directions as to the conditions to be attached to the authorisation.
 
    (7)  On the determination of an appeal under subsection (2) above the Secretary of State may either quash or affirm the notice and, if he affirms it, may do so either in its original form or with such modifications as he may in the circumstances think fit.
 
    (8)  Where an appeal is brought under subsection (1) above against the revocation of an authorisation, the revocation shall not take effect pending the final determination or the withdrawal of the appeal.
 
    (9)  Where an appeal is brought under subsection (2) above against a notice, the bringing of the appeal shall not have the effect of suspending the operation of the notice.
 
    (10)  Provision may be made by the Secretary of State by regulations with respect to appeals under this section and in particular--
    (a)  as to the period within which and the manner in which appeals are to be brought; and
    (b)  as to the manner in which appeals are to be considered.")
Appeals as respects authorisations and against variation, enforcement and prohibition notices.
  
After Clause 4
 
  
BY THE LORD PEARSON OF RANNOCH
 
     Insert the following new Clause-- 
     ("  .  This Act shall not come into force until a Minister of the Crown has laid before each House of Parliament a report setting out the legal basis on which Council Directive 96/61/EC was agreed to, and that report has been approved by resolution of each House.")Commencement.
  
Schedule 1
 
  
BY THE LORD RENTON
THE LORD PEARSON OF RANNOCH
 
     Page 7, line 32, leave out paragraph 19 
  
 
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