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Amendments to the Waste and Emissions Trading Bill [HL]

Waste and Emissions Trading Bill [HL]


REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

1Insert the following new Clause—
  "Transport of waste
(1)  The Secretary of State shall by regulations make provision for waste disposal authorities in each area to reduce, from year to year, the threat to the environment from the transport of waste.
(2)  Regulations made under subsection (1) shall—
(a)  make provision for the steady decline in the number of miles travelled per tonne of waste taken to landfill in each of the following categories—
(i)  inert waste,
(ii)  hazardous waste,
(iii)  biodegradable municipal waste; and
(b)  make provision for the steady decline in the quantity of emissions harmful to the environment released through the transport of waste to landfill, particularly—
(i)  carbon dioxide,
(ii)  particles,
(iii)  benzene,
(iv)  carbon monoxide.
(3)  Regulations made under subsection (2) shall specify for each area—
(a)  the starting point from which the decline in miles travelled will be measured;
(b)  the level of decline in miles travelled to be achieved by each target year;
(c)  the starting point from which the decline in emissions will be measured; and
(d)  the level of decline in emissions to be achieved in each target year.
(4)  Regulations made under subsection (2) shall provide for the supply for the financial year 2004-05 by each waste disposal area—
(a)  the miles travelled and tonnages of waste in each category listed in subsection (2)(a) transported to landfill, and
(b)  the emissions produced during that process.
(5)  The Secretary of State must consult the devolved authorities before specifying the quantities under subsection (3).
 

Clause 1

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

2Page 1, line 19, at end insert—
"(   )  The total of the amounts specified under subsection (1)(b) to (e) for a year must not exceed the amount allowed for any previous year."
 

THE LORD WHITTY

3Page 2, line 7, leave out subsection (5)
 

Clause 2

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

4Page 2, line 17, at end insert—
"(   )  The quantity under each of paragraphs (a) to (d) of subsection (1) allowed to be sent to landfill shall not exceed the allowance for any previous year."
 

THE LORD WHITTY

5Page 2, line 24, leave out subsection (5)
 

Clause 3

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

6Page 3, line 20, at end insert—
"(   )  In no case where the formula is applied may the total exceed that of any previous year."
7Page 3, line 22, after "2004" insert ", for which the figures gathered in the financial year ending 5th April 2004 shall stand,"
8Leave out Clause 3
 

Clause 4

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

9Page 4, line 6, leave out subsection (5)
 

Clause 5

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

10Page 4, line 9, after "time" insert ", before 31st December in the year before that for which an allocation has been made,"
11Page 4, line 12, at end insert "or has already been incorporated into a waste reduction programme"
12Page 4, line 20, at end insert—
"(   )  Any waste disposal authority which fails to agree with an alteration to its allocation may, within three calendar months of the publication of the alteration, appeal to the Secretary of State to have the alteration wholly or partially rescinded.
(   )  The Secretary of State must publish his response and the reasons for it within the following three calendar months."
 

Clause 6

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

13Page 4, line 23, leave out from "to" to end of line 24 and insert "carry forward any unused allocation"
14Page 4, line 29, leave out paragraph (c)
15Page 4, line 38, leave out paragraphs (c) and (d)
16Page 5, line 12, leave out paragraph (i)
17Page 5, line 14, after "breaches" insert ", resulting or intended to result in financial or other material gain for the offender,"
 

THE LORD WHITTY

18Page 5, line 16, leave out subsection (4)
 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

19Page 5, line 24, leave out "six" and insert "three"
20Page 5, line 25, leave out "#20,000" and insert "level five"
21Page 5, line 25, leave out ", or by both,"
22Page 5, line 28, leave out "five" and insert "two"
23Page 5, line 28, leave out ", or by both"
 

Clause 7

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

24Page 5, line 45, leave out sub-paragraphs (i) and (ii)
25Page 6, line 5, leave out paragraph (d)
26Page 6, line 11, leave out "or for specified scheme years"
27Page 6, line 12, leave out paragraph (f)
 

THE LORD HANNINGFIELD

28Page 6, line 20, leave out from "for" to end of line 22 and insert "the allocating authority to make available to each waste disposal authority the full financial resources necessary 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 made under sections 11 and 12;"
 

THE LORD WHITTY

29Page 6, line 29, leave out subsection (4)
 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

30Page 6, line 37, leave out "six" and insert "three"
31Page 6, line 38, leave out ", or by both"
32Page 6, line 41, leave out "five" and insert "two"
33Page 6, line 41, leave out ", or by both"
34Leave out Clause 7
 

After Clause 7

 

THE LORD WHITTY

35Insert the following new Clause—
  "Offences under regulations under sections 6 and 7
(1)  This section applies where—
(a)  regulations under section 6(1) are making provision of the kind mentioned in section 6(3)(j), or
(b)  regulations under section 7(1) are making provision of the kind mentioned in section 7(3)(l).
(2)  The regulations may provide for an offence to be triable—
(a)  only summarily, or
(b)  either summarily or on indictment.
(3)  Where the regulations provide for an offence to be triable only summarily, they may provide for the offence to be punishable—
(a)  by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or
(b)  by a fine—
(i)  not exceeding such amount as is so stated (which may not exceed level 5 on the standard scale), or
(ii)  not exceeding such level on the standard scale as is so stated, or
(c)  by both.
(4)  Subsections (5) and (6) apply where the regulations provide for an offence to be triable either summarily or on indictment.
(5)  They may provide for the offence to be punishable on summary conviction—
(a)  by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed three months), or
(b)  by a fine—
(i)  not exceeding such amount as is so stated (which may not exceed the statutory maximum), or
(ii)  expressed as a fine not exceeding the statutory maximum, or
(c)  by both.
(6)  They may provide for the offence to be punishable on conviction on indictment—
(a)  by imprisonment for a term not exceeding such period as is stated in the regulations (which may not exceed two years), or
(b)  by a fine, or
(c)  by both."
 

Clause 8

 

THE LORD HANNINGFIELD

36Page 7, line 3, at beginning insert "Subject to subsection (5),"
37Page 7, line 5, at beginning insert "Subject to subsection (5),"
 

THE LORD WHITTY

38Page 7, line 12, at end insert—
"(3A)  If—
(a)  a waste disposal authority is liable under subsection (2) to a penalty in respect of a scheme year that is not a target year,
(b)  that scheme year ("the penalty year") is later than the first target year, and
(c)  the total amount of biodegradable municipal waste sent in the penalty year to landfills in pursuance of arrangements made by waste disposal authorities in the United Kingdom exceeds the amount specified under section 1(1)(a) for the last target year before the penalty year,
  the authority is also liable to a supplementary penalty."
 

THE LORD HANNINGFIELD

39Page 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 LORD DIXON-SMITH
THE BARONESS BYFORD

40Page 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."
 

THE LORD HANNINGFIELD

41Page 7, line 21, at end insert—
"(5)  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 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."
 

After Clause 8

 

THE LORD DIXON-SMITH

42Insert the following new Clause—
  "Duty to apply proximity principle
  In utilising landfill allowances, a waste disposal authority shall have a duty to apply the proximity principle."
 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

43Insert the following new Clause—

 
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©Parliamentary copyright 2003
3 February 2003