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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
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 7

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

1Page 5, line 34, at end insert—
    "(   )  their use will not result in any increase in the number of daily waste transport journeys, to any landfill or landfills, above that required in the previous year;"
2Page 5, line 46, leave out paragraph (f) and insert—
"(f)  make provision for all trading to be carried out by direct transfer or sale between waste disposal authorities;"
 

THE LORD HANNINGFIELD

3Page 6, line 7, leave out from "for" to end of line 9 and insert "the allocating authority to make available to each waste disposal authority full financial resources 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 sections 11 and 12"
 

Clause 9

 

THE LORD HANNINGFIELD

4Page 7, line 33, at end insert—
"(   )  All monies in respect of financial penalties collected under this section shall be hypothecated directly to waste disposal authorities as directed by the allocating authority."
 

Clause 11

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

5Page 8, line 34, leave out "make provision about what amounts to" and insert "define"
6Page 8, line 40, leave out ", or of waste of any description,"
7Page 8, line 42, leave out "make provision requiring" and insert "require"
 

After Clause 12

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

8Insert the following new Clause—
  "Powers in relation to collection authorities
  An allocating authority shall, where a collection authority is separate from a disposal authority and for purposes connected with the sending of biodegradable municipal waste to landfill, by regulations require such a collection authority in its area to—
(a)  maintain prescribed records,
(b)  make prescribed returns to its local waste authority, and
(c)  work in partnership with its local waste authority to ensure that the maximum allowance, for each year, of biodegradable municipal waste going to landfill is not exceeded."
 

Clause 14

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

9Page 10, line 35, at end insert—
"(   )  Each allocating authority must disclose, at three yearly intervals, to the Secretary of State such monitoring information as he may by regulation direct, in order to comply with Article 15 of Council Directive 1999/31/EC."
 

Clause 16

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

10Page 11, line 14, leave out "may" and insert "shall"
11Page 11, line 17, leave out from first "of" to end of line 19 and insert "the register"
 

Clause 17

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

12Page 11, line 35, at end insert—
"(   )  The measures mentioned in subsection (2) must include measures to reduce non-municipal biodegradable waste going to landfill."
 

THE LORD HANNINGFIELD

13Page 11, line 35, at end insert—
"(   )  Within the context of the strategy required by section 16, a duty shall be placed on a waste disposal authority and a waste collection authority within a given area to produce and publish a Joint Municipal Waste Strategy.
(   )  Within the context of the Joint Municipal Waste Strategy, a waste disposal authority may exercise a power of direction to a waste collection authority to specify the type of segregated waste to be delivered in support of meeting agreed targets for the recovery and recycling of dry recyclable material and biodegradable waste."
 

Clause 18

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

14Page 12, line 40, at end insert—
"(   )  The measures mentioned in subsection (2) must include measures to reduce non-municipal biodegradable waste going to landfill."
 

Clause 19

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

15Page 13, line 28, at end insert—
"(   )  The measures mentioned in subsection (2) must include measures to reduce non-municipal biodegradable waste going to landfill."
 

Clause 20

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

16Page 14, line 16, at end insert—
"(   )  The measures mentioned in subsection (2) must include measures to reduce non-municipal biodegradable waste going to landfill."
 

Clause 21

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

17Page 14, line 40, after "capable" insert "within 25 years"
 

Clause 22

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

18Page 15, line 23, at end insert—
"(   )  In this Chapter "composting" includes a requirement to maintain selected biodegradable waste at 98 degrees celsius for a minimum of two hours before storing."
 

Clause 25

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

19Page 16, line 29, leave out "out of"
 

After Clause 25

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

20Insert the following new Clause—
  "Application of the landfill tax escalator
(1)  Commencing in the financial year 2006-07, the whole of the portion of landfill tax above #15 per tonne in each year will be disbursed to the allocating authority for each area.
(2)  The allocating authority for each area will apply the disbursement received under subsection (1) to—
(a)  research into ways of reducing the amount of all waste going to landfill,
(b)  capital projects designed to treat biodegradable municipal waste to prevent it from going to landfill,
(c)  capital projects designed to treat biodegradable waste to reduce the amount of all waste going to landfill, and
(d)  schemes designed to benefit the local community where waste treatment projects are sited.
(3)  The allocating authority for each area shall ensure that capital projects for treating biodegradable municipal waste are—
(a)  sited within the boundaries of the location controlled by each waste disposal authority that is applying for funding, and
(b)  supplied with waste mainly collected within the boundaries of the locality controlled by the relevant waste disposal authority.
(4)  The allocating authority for each area shall by regulations ensure that private waste disposal companies shall also be entitled to use the facilities resulting from subsection (2)."
 

Clause 26

 

THE LORD DIXON-SMITH
THE BARONESS BYFORD

21Page 17, line 23, at end insert—
"(   )  All penalties paid to the allocating authority shall be held separately, and at the end of the year in which these penalties were incurred, 95 per cent of the total shall be dispensed to the area forestry authority and used to pay for the planting of trees which shall be identified with these funds."
 

Before Clause 31

 

THE LORD WHITTY

22Insert the following new Clause—
  "Directions to waste collection authorities in England
(1)  Part 2 of the Environmental Protection Act 1990 (c. 43) (waste on land) is amended as follows.
(2)  In section 48 (duties of waste collection authorities as respects collected waste), after subsection (1) (collection authority to deliver collected waste to places directed by disposal authority) there is inserted—
    11"(1A)  A waste collection authority in England which is not also a waste disposal authority must discharge its duty under subsection (1) above in accordance with any directions about separation of waste given by the waste disposal authority for its area."
(3)  In section 51 (functions of waste disposal authorities), after subsection (4) there is inserted—
    "(4A)  A waste disposal authority in England which is not also a waste collection authority may in directions under subsection (4)(a) above include requirements about separation that relate to waste as delivered, but may do so only if it considers it necessary for assisting it to comply with any obligation imposed on it by or under any enactment.""
 

THE LORD DIXON-SMITH
[As an amendment to amendment 22]

23Line 11, at end insert—
    ""(1B)  Where a waste collection authority which is not a waste disposal authority fails to discharge its duty under subsection (4A) of section 51 of this Act, and as a result the waste disposal authority receives a penalty, the Minister shall have a duty to transfer the penalty to the waste collection authority.""
 

Clause 35

 

THE LORD WHITTY

24Page 21, line 36, after "17" insert ", (Directions to waste collection authorities in England)"
 

Clause 36

 

THE LORD WHITTY

25Page 22, line 27, leave out ", 29 and 30" and insert "and 29 to (Directions to waste collection authorities in England)"

 
 
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©Parliamentary copyright 2003
6 March 2003