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

House of Lords

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"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)  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.
(3)  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.
(4)  Where the commission by any person of an offence under subsection (3) 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.
(5)  The conditions of consent referred to in subsection (3) 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.
(6)  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;
(b)  the cost or expected cost of enforcing the provisions of this section.
(7)  A consent under the section may be revoked and the conditions of consent may be altered by notice to the person to whom the consent was given.
(8)  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 (7);
  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.
(9)  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).
(10)  Any land so designated shall be visited daily, Monday to Friday, by an appropriate collection vehicle."
44Insert 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 proposals 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."
 

Clause 9

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

45Page 7, line 30, at end insert—
"(   )  monitor how much biodegradable waste is sent to landfills in pursuance of arrangements made other than by waste disposal authorities in the area;"
 

Clause 10

 

THE LORD HANNINGFIELD

46Page 8, line 24, leave out subsection (3)
 

Clause 12

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

47Page 9, line 7, after "waste" insert "and biodegradable waste from all other sources"
 

Clause 13

 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

48*Page 10, line 4, leave out "may" and insert "shall"
49*Page 10, line 8, leave out "may" and insert "shall"
 

Clause 15

 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

50*Page 10, line 35, leave out "may" and insert "shall"
51*Page 10, line 44, at end insert—
"(   )  set out the circumstances in which sensitive financial, pricing and trading details may be withheld from public inspection where this is in the public interest."
 

Clause 16

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

52Page 11, line 9, at end insert—
"(   )  The strategy must include measures to ensure that the development, alteration or advertisement of industrial or commercial products does not result in an increase of biodegradable waste."
 

THE LORD WHITTY

53Page 11, line 29, at end insert—
"(   )  Where subsection (1) is satisfied by policies set out in a statement under section 44A of the Environmental Protection Act 1990 (c. 43) (national waste strategy), if the statement was prepared before the coming into force of that subsection it does not matter that the policies were not formulated for the purposes of that subsection."
 

Clause 17

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

54Page 12, line 8, at end insert—
"(   )  The strategy must include measures to ensure that the development, alteration or advertisement of industrial or commercial products does not result in an increase of biodegradable waste."
 

THE LORD WHITTY

55Page 12, line 28, at end insert—
"(   )  Where subsection (1) is satisfied by policies set out in a statement prepared before the coming into force of that subsection, it does not matter that the policies were not formulated for the purposes of that subsection.
(   )  Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section."
 

Clause 18

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

56Page 12, line 36, at end insert—
"(   )  The strategy must include measures to ensure that the development, alteration or advertisement of industrial or commercial products does not result in an increase of biodegradable waste."
 

Clause 19

 

THE LORD DIXON-SMITH
THE BARONES BYFORD

57Page 13, line 23, at end insert—
"(   )  The strategy must include measures to ensure that the development, alteration or advertisement of industrial or commercial products does not result in an increase of biodegradable waste."
 

THE LORD WHITTY

58Page 13, line 42, at end insert—
"(   )  Where subsection (1) is satisfied by policies set out in a statement prepared before the coming into force of that subsection, it does not matter that the policies were not formulated for the purposes of that subsection.
(   )  Subsection (4) may be satisfied by consultation before, as well as by consultation after, the coming into force of this section."
 

Clause 22

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

59Page 14, line 39, leave out "17th July" and insert "6th April"
60Page 14, line 41, leave out "16th July" and insert "5th April"
61Page 15, line 3, leave out paragraph (a)
 

After Clause 22

 

THE LORD DIXON-SMITH

62Insert the following new Clause—
  "Proximity principle
(1)  In this Chapter and in the implementation of the Waste Directive, in respect of municipal waste the proximity principle shall require that within its own geographic boundaries a waste disposal authority may contract for the final disposal of its municipal biodegradable wastes at such facilities as it deems appropriate consistent with its duty to seek the best practicable environmental option (BPEO) save that it shall not convey waste to an equal disposal facility further away than the nearest such facility to the source of the waste.
(2)  No waste disposal authority shall contract for the disposal of municipal waste either by landfill or by other means (including incineration or advanced technologies) at facilities outside its own geographic boundaries except—
(a)  by formal agreement with the receiving waste disposal authority within whose boundaries the disposal facility is located, such agreement being approved by the members of the authority in public; or
(b)  in the case of landfill, if the allocating authority directs a receiving waste disposal authority to accept certain identified wastes from a disposing waste disposal authority on appeal if it is demonstrated that the disposing waste disposal authority cannot dispose of these wastes within its boundaries without excessive cost and that the proposed disposal facility represents the best practicable environmental option (BPEO)."
 

Clause 24

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

63Page 15, line 33, leave out "small"
 

Clause 25

 

THE LORD WHITTY

64Page 16, line 27, after "8(3)" insert "or (3A)"
65Page 16, line 27, leave out "target" and insert "scheme"
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

66*Page 16, line 28, at end insert—
"(   )  Where a waste disposal authority is liable to a penalty under this Chapter and that liability is a result of an action or actions or a failure to take action on the part of a waste collection authority within the area of the waste disposal authority, the allocating authority may levy all or part of the penalty on the waste collection authority."
 

After Clause 25

 

THE LORD WHITTY

67Insert the following new Clause—
  "Regulations under Chapter 1: consultation
(1)  This section applies to regulations under this Chapter, other than regulations under section 1, 2, 3 or 22.
(2)  Before making regulations to which this section applies, an allocating authority shall (subject to subsection (4))—
(a)  consult such bodies or persons appearing to it to be representative of the interests of waste disposal authorities in its area as it considers appropriate,
(b)  consult such bodies or persons appearing to it to be representative of the interests of persons concerned in the operation of landfills in its area as it considers appropriate, and
(c)  consult such bodies or persons appearing to it to be representative of any other affected persons as it considers appropriate.
(3)  In subsection (2)(c) "affected person" means a person appearing to the allocating authority to be a person who will or may be affected by the regulations.
18(4)  The allocating authority need not consult as mentioned in paragraph (a) or (b) of subsection (2) if it appears to the authority that the interests mentioned in that paragraph will not be affected by the regulations."
 

THE LORD GREAVES
THE LORD LIVSEY OF TALGARTH

68*Line 18, leave out subsection (4)
 

THE LORD DIXON-SMITH

69Insert the following new Clause—
  ""Advanced conversion technologies"
  In this Chapter "advanced conversion technologies" shall have the same meaning as in The Renewables Obligation Order 2002 (S.I. 2002/914)."

 
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31 January 2003