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Amendments to the Waste and Emissions Trading Bill [HL]

Waste and Emissions Trading Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

1*Page 1, line 14, at end insert—
"(1A)  The Secretary of State must by regulations specify the maximum amount of weight of end of life electrical and electronic equipment and end of life vehicles to be sent to landfills from each of—
(a)  the United Kingdom,
(b)  England,
(c)  Scotland,
(d)  Wales, and
(e)  Northern Ireland."
2*Page 1, line 19 at end insert—
"(   )  Amounts specified under subsection (2) (a) must be consistent with the obligations of the United Kingdom under Article 7 of COM/2002/353/Final and Article 7 of the proposed Directive on waste electrical and electronic equipment."
3*Page 2, line 2, at end insert "and subsection (1A) (c)"
4*Page 2, line 4, at end insert "and subsection (1A) (d)"
5*Page 2, line 6, at end insert "and subsection (1A) (e)"
 

Clause 2

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

6*Page 2, line 17, at end insert—
"(   )  If, for England, Scotland, Wales and Northern Ireland, no amount is specified under subsection (1) for a year to which that subsection applies, the maximum shall not be more than the maximum amount for the last specified year."
 

Clause 3

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

7Page 3, line 21, leave out "16th July" and insert "5th April"
 The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.
 

Clause 4

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

8Page 3, line 44, after "made" insert "at least thirty weeks"
9Page 3, line 45, at end insert—
"(   )  In performing the duty under subsection (1), an allocating authority must provide an indicative allocation by the start of the year prior to the beginning of the year to which it relates."
10Page 3, line 45, at end insert—
"(   )  In performing the duty under subsection (1), an allocating authority must specify the location of landfills to be used by each waste disposal authority and the maximum quantity that may be deposited in each landfill."
11Page 4, line 4, after "it" insert—
"(ii)  the landfill sites to be used, and
(iii)  the maximum quantity of biodegradable municipal waste to be deposited at each landfill,"
12Page 4, line 5, at end insert—
"(   )  Each allocating authority must, for each landfill site in its area, for each scheme year, specify a maximum weight of biodegradable municipal waste to be accepted by the landfill operator.
(   )  The sum of the maximum weights to be accepted by landfill operators in an area may not exceed the maximum weight of biodegradable municipal waste allowed to be sent to landfill under section 1."
 

Clause 5

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

13Page 4, line 9, after "time" insert "before 31st December in the year before that for which an allocation has been made"
14Page 4, line 12, at end insert "or has already been incorporated into a waste reduction programme"
 

Clause 6

 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

15*Page 4, line 22, leave out "by regulations" and insert "not"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

16Page 4, line 23, leave out from "to" to end of line 24 and insert "carry forward any unused allocation"
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

17*Page 4, line 25, leave out subsections (2) to (5)
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

18Page 4, line 29, leave out paragraph (c)
19Page 4, line 38, leave out paragraphs (c) and (d)
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

20*Page 5, line 7, leave out from "for" to "requirement" in line 8 and insert "the allocating authority to make available to each waste collection authority full financial resources incurred by each waste collection authority in order for it to comply with any"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

21Page 5, line 12, leave out paragraph (i)
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE LORD HANNINGFIELD

22Page 5, line 22, leave out from "by" to "a" in line 24
23Page 5, line 25, leave out ", or by both,"
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

24*Page 5, line 26, leave out sub-paragraph (ii)
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

25Page 5, line 26, leave out from "by" to "a" in line 28
26Page 5, line 28, leave out ", or by both"
 The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill.
 

Clause 7

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

27Page 5, line 34, after "allocated" insert "for the year in which the trade will be completed"
28Page 5, line 34, leave out "or any other"
29Page 5, line 39, leave out paragraphs (c) and (d) and insert—
"(   )  the transfer of landfill allowances unused in any earlier year;
(   )  the transfer of allowances allocated, or yet to be allocated, for any subsequent year."
30Page 5, line 45, leave out sub-paragraphs (i) and (ii)
31Page 6, line 4, at end insert—
"(   )  make provision for limiting the length of journeys to landfill sites made by local waste authorities acquiring allowances by trade;"
32Page 6, line 5, leave out paragraph (d)
33Page 6, line 11, leave out "or for specified scheme years"
34Page 6, line 12, leave out "persons engaged" and insert "Regional Development Agencies"
35Page 6, line 14, leave out "person" and insert "Regional Development Agency"
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

36*Page 6, line 20, leave out from "for" to end of line 22 and insert "the allocating authority to make available to each waste collection authority full financial resources incurred by each waste collection authority in order for it to comply with any requirement imposed on it by or under provision of the kind mentioned in paragraph (h) together with all regulations as set out under section 11;"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH
THE LORD HANNINGFIELD

37Page 6, line 35, leave out from "conviction" to "by" in line 37
38Page 6, line 38, leave out ", or by both,"
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

39*Page 6, line 39, leave out sub-paragraph (ii)
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

40Page 6, line 39, leave out from "indictment" to first "by" in line 41
41Page 6, line 41, leave out ", or by both"
 The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.
 

Clause 8

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

42Page 7, line 2, at end insert—
"(   )  Landfill operators have a duty to ensure that the amount of biodegradable municipal waste accepted in any year does not exceed the maximum assigned by the allocating authority."
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

43*Page 7, line 2, at end insert—
"(1A)  It shall be the duty of the waste disposal authorities to ensure that for any year after and including 2010, waste which has not been sorted at source and collected in such a manner as to enhance its recoverability through recycling and composting is not sent to landfills."
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

44*Page 7, line 3, at beginning insert "Subject to subsection (5),"
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

45*Page 7, line 4, after (1) insert "or (1A)"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

46Page 7, line 4, at end insert—
"(   )  A landfill operator that fails to comply with a duty imposed on it under this section is liable to a penalty."
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

47*Page 7, line 5, at beginning insert "Subject to subsection (5),"
48*Page 7, line 12, at end insert—
"(   )  All monies in respect to financial penalties collected as set out under section 8(2) and (3) will be hypothecated directly to waste disposal authorities as directed by the allocating authority."
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

49Page 7, line 13, leave out subsection (4) and insert—
"(   )  For the purposes of this section, the landfill allowances available to a waste disposal authority for a scheme year are—
(a)  the landfill allowances held by the authority for that year,
(b)  the unused portion, if any, of landfill allowances held by the authority for the previous year, and
(c)  any traded allowances, originally allocated to another waste disposal authority, for the current year."
50Page 7, line 21, at end insert—
"(   )  For the purposes of this section, no waste disposal authority may, in any scheme year, utilise allowances acquired beyond those originally allocated if doing so would cause a landfill operator to exceed the maximum designated for that year."
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

51*Page 7, line 21, at end insert—
"(   )  A waste disposal authority that fails to comply with a duty imposed on it by subsection (1) shall not be liable to a penalty if the waste disposal authority has failed to comply with its duty through the failure of one or more of its constituent waste collection authorities failing to achieve their recycling performance standards, or due to any other target agreement reached between the waste disposal authority and the waste collection authority or authorities in the year ending 31st March preceding the scheme year ending 16th July."
 

Clause 9

 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

52*Page 7, line 30, at end insert "and monitor the measures used for handling the remaining biodegradable municipal waste which is not sent to landfill"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

53Page 7, line 32, at end insert—
"(   )  monitor the weights of biodegradable municipal waste being accepted by each landfill operator in the area;
(   )  notify the allocating authority of an area of any landfill operator who has exceeded the maximum weight assigned to him;"
 

Clause 10

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

54*Page 8, line 10, leave out "make provision about what amounts to" and insert "define"
55*Page 8, line 14, leave out paragraph (e)
56*Page 8, line 16, leave out ", or waste of any description,"
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

57*Page 8, line 17, at end insert "and of to produce evidence as to amounts of waste, or of waste of any desription, which is handled by measures other than being sent to landfill"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

58*Page 8, line 18, leave out "make provision requiring" and insert "require"
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

59*Page 8, line 23, at end insert—
"(   )  Before formulating policy for the purposes of subsection (2)(d) the Secretary of State must—
(a)  consult such bodies or persons appearing to him to be representative of the interests of local government as he considers appropriate;
(b)  consult such bodies or persons appearing to him to be representatives of industry as he considers appropriate; and
(c)  carry out such public consultation as he considers appropriate."
 

THE LORD HANNINGFIELD
THE BARONESS BYFORD
THE LORD DIXON-SMITH

60*Page 8, line 24, leave out subsection (3)
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

61*Page 8, line 26, at end insert—
"(   )  Regulations under this section shall not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament."

 
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©Parliamentary copyright 2002
16 December 2002