Environment Bill (HC Bill 3)

“(h) 35make provision about arrangements under which a
person may discharge any liability to conviction for
such an offence by payment of a financial penalty;

(i) provide for the amount of that penalty to be determined
by a person designated in accordance with the
40regulations for that purpose.”

(6) After subsection (5A) insert—

“(5B) Regulations under this section may make provision about the
application of the regulations to any area of sea or seabed or its subsoil
within the seaward limits of—

(a) 45the area designated by Order in Council under section 1(7) of
the Continental Shelf Act 1964 (designation of continental
shelf), or

(b) the area designated by Order in Council under section 41(3) of
the Marine and Coastal Access Act 2009 (designation of
50exclusive economic zone).

(5C) Regulations under this section may make consequential,
supplementary, incidental, transitional, transitory or saving provision,
including provision amending, repealing or revoking primary
legislation.”

(7) 5In subsection (6), at the appropriate places insert—

• “““exportation”, in relation to waste, means causing it to leave the
  United Kingdom;”;

• “““importation”, in relation to waste, means causing it to arrive at,
  or enter into, the United Kingdom;”;

• 10“““primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  a Measure or Act of the National Assembly for Wales,

  (c)

  an Act of the Scottish Parliament,

  (d)

  Northern Ireland legislation, or

  (e)

  15retained direct EU legislation;”;

• “““transit of waste for export” means the transportation or keeping
  of waste, that has arrived at, or has entered, the United
  Kingdom, for the purpose of facilitating its leaving the United
  Kingdom.”

(8) 20In section 161 of the Environmental Protection Act 1990 (regulations etc) after
subsection (2ZG) (as inserted by section 56) insert—

“(2ZH) Subsection (2) does not apply to a statutory instrument containing
regulations under section 141 (imports, exports and transit of waste) if
the regulations—

(a) 25confer powers of entry, seizure or detention in circumstances
where there is no such power under existing regulations under
that section,

(b) provide for the charging of fees or charges that are not
chargeable under existing regulations under that section,

(c) 30provide for conduct to be a criminal offence which is not a
criminal offence under existing regulations under that section,

(d) increase the maximum penalty for a criminal offence under
existing regulations under that section,

(e) amend or repeal a provision contained in an Act of Parliament,
35an Act or Measure of the National Assembly for Wales, an Act
of the Scottish Parliament or Northern Ireland legislation, or

(f) amend or revoke a provision contained in retained direct
principal EU legislation.

(2ZI) A statutory instrument to which subsection (2) does not apply by virtue
40of subsection (2ZH) may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each House of
Parliament.”

(9) In section 41 of the Environment Act 1995 (power to make schemes imposing
charges)—

(a) 45in subsection (1), for paragraph (d) substitute—

“(d) as a means of recovering costs incurred by it in performing
functions in connection with the regulation of the importation
or exportation of waste or the transit of waste for export, the
Agency, the Natural Resources Body for Wales or SEPA may

require the payment to it of such charges as may from time to
time be prescribed;”;

(b) after subsection (1) insert—

“(1A) In paragraph (d) of subsection (1) “importation”, “exportation”,
“transit of waste for export” and “waste” have the meaning they
5have in section 141 of the Environmental Protection Act 1990.”

(10) In regulation 46 of the Transfrontier Shipment of Waste Regulations 2007 (S.I.
2007/1711), omit paragraph (1).

Waste enforcement and regulation

59 Powers to make charging schemes

(1) 10The Environment Act 1995 is amended as follows.

(2) In section 41(1) (powers to make charging schemes) after paragraph (m) insert—

“(n) as a means of recovering costs incurred by it in performing functions
conferred by regulations made under section 93 of this Act, the
Agency, the Natural Resources Body for Wales or SEPA may require
15the payment to it of such charges as may from time to time be
prescribed;

(o) as a means of recovering costs incurred by it in performing functions
conferred by the End-of-Life Vehicles (Producer Responsibility)
Regulations 2005 (S.I. 2005/263), the Agency, the Natural Resources
20Body for Wales or SEPA may require the payment to it of such charges
as may from time to time be prescribed;

(p) as a means of recovering costs incurred by it in performing functions
conferred by the Waste Electrical and Electronic Equipment
Regulations 2013 (S.I. 2013/3113), the Agency, the Natural
25Resources Body for Wales or SEPA may require the payment to it of
such charges as may from time to time be prescribed;

(q) as a means of recovering costs incurred by it in performing functions
relating to section 33(1) of the Environmental Protection Act 1990,
the Agency or the Natural Resources Body for Wales may require the
30payment to it of such charges as may from time to time be prescribed;

(r) as a means of recovering costs incurred by it in performing functions
relating to regulation 12(1) of the Environmental Permitting
(England and Wales) Regulations 2016 (S.I. 2016/1154) in relation to
a regulated facility which is a waste operation (within the meaning of
35those Regulations), the Agency or the Natural Resources Body for
Wales may require the payment to it of such charges as may from time
to time be prescribed;”.

(3) In section 56(1) (interpretation)—

(a) in the definition of “environmental licence”, in the application of Part 1
40of the Act in relation to an appropriate agency—

(i) in paragraph (j) for the words from “WEEE” to the end
substitute “waste operation (within the meaning of those
Regulations),”;

(ii) omit paragraphs (l) to (o);

(b) in the definition of “environmental licence”, in the application of Part 1
of the Act in relation to the Scottish Environment Protection Agency,
omit paragraphs (l) to (o).

60 Waste charging: Northern Ireland

(1) 5In the Waste and Contaminated Land (Northern Ireland) Order 1997
(S.I. 1997/2778 (N.I. 19)), after Article 76 insert—

““Charging schemes

76A Power to make charging schemes

(1) As a means of recovering costs incurred by it in performing any
functions mentioned in paragraph (2), the Department may require the
10payment to it of such charges as may be specified in or determined
under a scheme made by the Department under this Article (referred to
in this Article as a “charging scheme”).

(2) The functions referred to in paragraph (1) are—

• functions related to—

  (i)

  15Article 4(1); or

  (ii)

  regulation 18(1) of the Waste Management Licensing
  Regulations (Northern Ireland) 2003;

• functions conferred by regulations made under Article 5G;

• functions conferred by regulations made under Article 3 of the
  20Producer Responsibility Obligations (Northern Ireland) Order
  1998;

• functions conferred by the End-of-Life Vehicles Regulations
  2003;

• functions conferred by the End-of-Life Vehicles (Producer
  25Responsibility) Regulations 2005;

• functions conferred by the Waste Batteries and Accumulators
  Regulations 2009;

• functions conferred by the Waste Electrical and Electronic
  Equipment Regulations 2013.

(3) 30A charging scheme must specify, in relation to any charge prescribed
by the scheme, the description of person who is liable to pay the charge.

(4) A charging scheme may—

• make different provision for different cases, including different
  provision in relation to different persons, circumstances or
  35localities;

• provide for the times at which, and the manner in which,
  charges are to be paid;

• revoke or amend any previous charging scheme;

• contain supplemental, incidental, consequential or transitional
  40provision for the purposes of the scheme.

(5) Before making a charging scheme the Department must consult such
persons as appear to the Department to be appropriate.

(6) The Department must, when it makes or amends a charging scheme—