Waste and Emissions Trading Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 26

 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

148Page 16, line 30, leave out subsection (1) and insert—
"(   )  No statutory instrument containing regulations under this Chapter may be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament."
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

149Page 16, line 33, leave out "1 or 2" and insert "1, 2 or 10"
 

THE BARONESS BYFORD
THE LORD DIXON-SMITH

150Page 16, line 35, leave out from "shall" to end of line 36 and insert "not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Scottish Parliament."
151Page 16, line 38, leave out "negative" and insert "affirmative"
 

After Clause 28

 

THE LORD DIXON-SMITH

151A*Insert the following new Clause—
 "WASTE DEPOSITED IN PUBLIC OPEN SPACES AND ON HIGHWAYS
  Depositing of waste for collection
(1)  A local authority may designate any part of the following land in the area of the local authority as land to which this section applies—
(a)  a public off-street car park;
(b)  a recreation ground, garden, park or open space under the management or control of a local authority;
(c)  a path, pavement or highway which is open to public access, whether or not as of right;
(d)  an area of land beside a railway under the ownership or control of a railway undertaking, a station or a station forecourt.
(2)  Any land so designated shall include any other area—
(a)  which is not within permanently enclosed premises; and
(b)  which is within seven metres of such land.
(3)  The local authority may, when designating any land under subsection (1), provide that the designation of the land shall have effect in relation to one or more of the following—
(a)  commercial waste;
(b)  household waste; or
(c)  industrial waste.
(4)  Any person who, without the written consent of the local authority, or in breach of any condition subject to which the local authority's consent has been given, places, or causes or permits any other person to place, commercial waste, household waste or industrial waste for collection on land which is subject to a designation under this section relating to that type of waste, shall be guilty of an offence and liable to summary conviction to a fine not exceeding level 3 on the standard scale.
(5)  Where the commission by any person of an offence under subsection (4) is due to the direction, act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings for the offence are taken against the first-mentioned person.
(6)  The conditions of consent referred to in subsection (4) may include conditions as to—
(a)  the times during which the waste may be placed for collection or period for which the consent is valid;
(b)  the part of the place designated under subsection (1) where the consent is to apply;
(c)  the use of means by which waste can be attributed to any particular occupier of premises;
(d)  a requirement for a person to produce on demand to an authorised officer of a local authority or to a constable documentary evidence of the consent; and
(e)  any other matter that the local authority has reason to believe will reduce the depositing of waste in public open spaces and on paths, pavements or highways without consent.
(7)  A local authority may charge such reasonable fee for a consent under this section as they think fit, and in setting the level of such fees shall take into consideration—
(a)  any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of this section; and
(b)  the cost or expected cost of enforcing the provisions of this section.
(8)  A consent under this section may be revoked and the conditions of consent may be altered by notice to the person to whom the consent was given.
(9)  A person aggrieved by—
(a)  the withholding by the council of consent referred to in subsection (4);
(b)  the conditions subject to which the council give such consent; or
(c)  the revocation of such consent under subsection (8);
  may appeal to a magistrates' court by way of complaint for an order and on such appeal the court may dismiss or allow the appeal or may vary any conditions imposed by the council.
(10)  In this section "commercial waste", "household waste" and "industrial waste" have the same meanings as in section 75 of the Environmental Protection Act 1990 (c. 43)."
151B*Insert the following new Clause—
  "Issue of notices of designation of land
(1)  Before designating any land under section (Depositing of waste for collection) the local authority shall—
(a)  give notice of their proposal by advertisement in a local newspaper circulating in the area of the local authority, stating that objections to the proposal may be made to the proper officer of the council within a time, not less than 28 days after the giving of the notice, specified in the notice; and
(b)  take any such further steps as in their opinion will give adequate publicity to the designation.
(2)  After taking into consideration any objections made in accordance with subsection (1), the local authority may designate, as land to which the appropriate section applies for the purposes mentioned in that section all or any, or any part, of the land specified in the notice given under that paragraph.
(3)  A designation under subsection (2) shall come into force on such day as shall be specified by a notice given in the same manner as a notice given under subsection (1), being a day not less than 28 days after the day on which notice is given under this subsection.
(4)  Any designation under subsection (2) may be rescinded or varied by the deletion of any land or part of any land by a subsequent designation of the local authority."
 

THE BARONESS FINLAY OF LLANDAFF

151C*Insert the following new Clause—
  "Summary of effects of this Act in relation to Wales
  The effects of this Act in relation to Wales are set out in the Schedule."
 

Before Clause 33

 

THE LORD JENKIN OF RODING

152Insert the following new Clause—
  "Report on capture of coal mine methane
  The Secretary of State shall prepare a report on the inclusion of the capture of coal mine methane emissions from disused coal mines in the emissions trading scheme."
 

Schedule

 

THE BARONESS FINLAY OF LLANDAFF

153*Insert the following new Schedule—
 

"SCHEDULE
EFFECTS OF THE ACT IN RELATION TO WALES

 
  ProvisionEffect
 
  Chapter 1—Waste sent to Landfills
  1(1)(4)(b)Imposes a duty on the Secretary of State to consult the National Assembly for Wales before specifying amounts of biodegradable municipal waste allowed under section 1(1).
  2(3)Imposes a duty on the Secretary of State to have the agreement of the Assembly prior to specifying, in regulations, the maximum amount of biodegradable municipal waste allowed to be sent to landfills from Wales.
  3(8)Imposes a duty on the Secretary of State to consult the National Assembly for Wales, as well as the Scottish Ministers and the Department of the Environment, before making regulations under section 3(6).
  4(1)Imposes a duty on the National Assembly to make, among waste disposal authorities in its area, an allocation of allowances authorising the sending in that year of amounts of biodegradable municipal waste to landfills.
  4(2)Imposes a duty on the Assembly to ensure that the total amount of waste authorised to be sent to landfills does not exceed the amount specified under section 1 or 2.
  4(4)Imposes a duty on the Assembly, as soon as an authority has made an allocation under subsection (1), to publish a statement—.
          (a)   detailing, in relation to each waste disposal authority in its area, what allowances have been allocated to it, and
          (b)   explaining the basis of the allocation.
  5(1)Gives power to the National Assembly as the allocating authority to alter the allocation it made under section 4.
  5(4)Places a requirement on the National Assembly to publish a statement setting out the basis for the alteration of any allocation, made under section 5(1).
  6(1)Gives the Assembly the power to make provision in Regulations for waste disposal authority to utilise allowances for one scheme years landfill for a different scheme year (subject to provisos in subsections (2) and (3)).
  6(3)(j)Empowers the Assembly, in making regulations under subsection (1), to make provision for the creating of offences for the breach of the provisions of those regulations.
  7(1)Gives the National Assembly the power to make regulations for waste disposal authorities in their area to transfer landfill allowances allocated by the Assembly or another allocating authority (subject to provisos under subsections (2) and (3)).
  7(2)Empowers the National Assembly to make provision for the creation of an offence for breach of the provisions of the regulations made under subsection (1) (subject to provisos under subsections (2) and (3)).
  9(1)Imposes a duty on the National Assembly, as the allocating authority, to appoint a person to be the monitoring authority for its area.
  10(1)Gives the National Assembly the power to make provision, through regulations, for the purpose of carrying out the provisions of Chapter 1 relating to landfill allowances. (Subsection (2) refers to the possible contents of such regulations.)
  10(3)The National Assembly Regulations made by the Assembly under subsection (1) may provide for a waste disposal authority to be liable to a fine for failure to comply with any requirement of the regulations.
  11(1)Gives the National Assembly the power to make regulations to provide for waste disposal authorities to maintain prescribed records and gather prescribed information.
  11(2)Empowers the Assembly to make regulations for enabling the monitoring authority to carry out such functions as specified under section 11(2)(a) to (d) with regard to waste disposal authorities.
  12(1)Gives the National Assembly the power to make regulations to provide for landfill operators to maintain prescribed records and gather prescribed information.
  12(3)Empowers the National Assembly to make regulations enabling the monitoring authority to carry out such functions as specified under section 12(3)(a) to (e) with regard to landfill operators.
  13(1)Relates to disclosure of monitoring information by one monitoring authority to any other monitoring authority or to the National Assembly as the allocating authority for this purpose.
  13(2)Empowers the Assembly to disclose any of its monitoring information to any other allocating authority for the purpose of facilitating the carrying out by the recipient of any of its functions under this Chapter.
  14(1)Gives the Assembly the power to make regulations requiring the monitoring authority for the area to maintain a register containing such information as prescribed by the regulations.
  15Gives the Assembly the power to allow public access to any such register.
  18(1)Places a requirement on the National Assembly for Wales to formulate a strategy for Wales for reducing—
          (a)   the amount of biodegradable waste from Wales that goes to landfills, and
          (b)   the amount of biodegradable waste from outside Wales that goes to landfills in Wales.
  18(2)The strategy required by subsection (1) must (in particular) include measures to achieve the targets specified for Wales under sections 1 and 2.
  18(4)Imposes a duty on the Assembly to—
      (a)   consult the Secretary of State, the Scottish Ministers, the Department of the Environment and the Environment Agency,
      (b)   consult such bodies or persons appearing to it to be representative of the interests of local government as it considers appropriate;
      (c)   consult such bodies or persons appearing to it to be representative of the interests of industry as it considers appropriate, and
      (d)   carry out such public consultation as it considers appropriate;
      before formulating policy for the purposes of subsection (1).
  18(5)The Assembly must set out in a statement any policy formulated for the purposes of subsection (1).
  18(6)The Assembly must, as soon as a statement is prepared for the purposes of subsection (5), send a copy of it to—
          (a)   the Secretary of State,
          (b)   the Scottish Ministers, and
          (c)   the Department of the Environment.
  22(2)Gives the Secretary of State the authority to amend, by regulations, the "scheme year" and "target year" dates specified in the Act, but only after consultation with the National Assembly for Wales (as well as other specified bodies).
  25Empowers the National Assembly to make regulations imposing penalties on waste disposal authorities for offences specified in those regulations.
  Chapter 2—Waste Management in Wales
  27Empowers the Assembly to make regulations for requiring a local authority to have an area strategy for the management of waste.
  28Empowers the Assembly to make regulations requiring a local authority to provide the Assembly with information specified in the section.
  Chapter 3—General
  33Empowers the Assembly to commence the provisions of sections 4, 5, 8, 9 and 18 on such day as the Assembly may by order appoint.
  34Sections 16, 18, 27 and 28 extend only to England and Wales, and section 31 extends only to England, Wales and Scotland.

 
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©Parliamentary copyright 2002
18 December 2002