Environment Bill (HC Bill 3)

• lay a copy of the scheme or amendments before the Assembly,
  and

• publish the scheme or the amendments.”

(2) The Waste Management Licensing Regulations (Northern Ireland) 2003
5(S.R. (N.I.) 2003 No. 493) are amended as follows.

(3) In regulation 17 (exemptions from waste management licensing), in paragraph
(4)—

(a) in sub-paragraph (b) for “and the fee (if any) required under regulation
18(12) have” substitute “has”;

(b) 10after sub-paragraph (b) insert “; and

“(c) any fee required under regulation 20B has been paid.”

(4) In regulation 18 (registration in connection with exempt activities)—

(a) in paragraph (3)(d) for “a payment of any fee in respect of each place
where any such exempt activity is being carried on” substitute
15“payment, in respect of each place where any such exempt activity is
being carried on, of any fee that may be required under regulation 20B”;

(b) in paragraph (9) for “and 47” substitute “, 47 and 49 to 52”;

(c) in paragraph (11)(b) for “specified in accordance with paragraph (12)”
substitute “required under regulation 20B”;

(d) 20omit paragraph (12).

(5) After regulation 20A insert—

“20B Fees and charges for registration in connection with exempt activities

(1) There are to be charged by and paid to the Department—

(a) in respect of applications for registration, and

(b) 25in respect of the subsistence of registrations,

such fees and charges as may be provided for by a scheme under
paragraph (2) (but this is subject to regulations 18(4A) and 19(2)).

(2) The Department may make, and from time to time revise, a scheme (“a
charging scheme”) specifying—

(a) 30fees in respect of applications for registration, payable to the
Department, by the applicant, in respect of each place to which
an application relates;

(b) charges in respect of the subsistence of registrations, payable to
the Department by persons to whom registrations have been
35issued.

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

(a) lay a copy of the scheme or amendments before the Assembly,
and

(b) publish the scheme or the amendments.

(4) 40A charging scheme may in particular—

(a) provide for fees or charges payable in respect of applications or
the subsistence of registrations to differ according to the
activities to which the applications or registrations relate
(including by providing for no fee or charge in the case of some
45activities);

(b) provide for reductions of fees where conditions specified in the
scheme are met;

(c) provide for the times at which, and the manner in which,
payments of fees or charges are to be made;

(d) 5make such incidental, supplementary and transitional
provision as appears to the Department to be appropriate.

(5) If it appears to the Department that a person to whom a registration has
been issued has failed to pay a charge due in respect of the subsistence
of the registration, the Department may, by notice in writing served on
10that person, revoke the registration.

(6) In this regulation—

(a) “registration” means registration under regulation 18;

(b) any reference to an application for registration includes an
application for renewal of a registration.”

61 15Enforcement powers

Schedule 11 amends legislation about enforcement powers in relation to waste
and other environmental matters.

62 Enforcement powers: Northern Ireland

(1) Article 27 of the Waste and Contaminated Land (Northern Ireland) Order 1997
20(S.I. 1997/2778 (N.I. 19)) (power to give directions) is amended as follows.

(2) In paragraph (2) omit the words from “with a view” to the end.

(3) After paragraph (2) insert—

“(2A) The Department may by notice—

(a) direct a registered carrier to collect controlled waste which is
25being kept in or on specified land and deliver it to a specified
person on specified terms;

(b) direct any person who—

(i) is keeping controlled waste in or on any land, or

(ii) owns or occupies land in or on which controlled waste
30is being kept,

to facilitate collection of the waste by a specified registered
carrier to whom a direction in respect of the waste is given
under sub-paragraph (a).”

(4) In paragraph (3) for “paragraph (1) or (2)” substitute “this Article”.

(5) 35In paragraph (4), for “of treating or disposing of” substitute “in relation to”.

(6) After paragraph (4) insert—

“(4A) A direction under paragraph (2A)(b) may require the person to whom
it is given—

(a) to pay to the specified registered carrier the reasonable costs of
40collecting and delivering the waste;

(b) to pay to the specified person to whom the waste is delivered
(“P”) the reasonable costs incurred by P in relation to the waste

(including any costs P is required by a direction under this
Article to pay to another person).”

(7) In paragraph (5) for “paragraph (1) or (2)” substitute “this Article”.

(8) In paragraph (6) for “paragraph (1) or (2)” substitute “this Article”.

(9) In paragraph (7) for the words from “, where” to the end substitute “pay any
5costs mentioned in paragraph (4) or (4A).”

(10) For paragraph (8) substitute—

“(8) In this Article—

• “specified” means specified in a direction under this Article;

• “registered carrier” means a person registered under Article 39 as
  10a carrier of controlled waste.”

63 Littering enforcement

(1) Part 4 of the Environmental Protection Act 1990 is amended as follows.

(2) In Section 88 (fixed penalty notices for leaving litter), for subsection (11)
substitute—

“(11) 15The appropriate person may by regulations provide that—

(a) an authorised officer of a litter authority must meet such
conditions as may be prescribed in the regulations;

(b) if an authorised officer of a litter authority fails to meet any such
condition, the authority must revoke the officer’s authorisation.

(12) 20Regulations under subsection (11) may make different provision for
different cases.

(13) Before making regulations under subsection (11), the appropriate
person must consult such persons as the appropriate person thinks
appropriate.”

(3) 25After section 88A insert—

“88B Guidance on littering enforcement in England and Wales

(1) The appropriate person may issue guidance to litter authorities on the
exercise of littering enforcement functions by those authorities and
authorised officers of those authorities.

(2) 30A litter authority must have regard to that guidance when exercising
any of its littering enforcement functions.

(3) The appropriate person may revise any guidance issued under this
section at any time.

(4) Before issuing guidance, or revised guidance, under this section the
35appropriate person must consult such persons as the appropriate
person thinks appropriate.

(5) In this section—

• “authorised officer”, in relation to a litter authority, means a
  person who is an authorised officer in relation to that authority
  40for the purposes of—

  Environment BillPage 63

  (a)

  section 88 (fixed penalty notices for littering, see
  subsection (10) of that section),

  (b)

  section 88A (fixed penalty notices for littering from
  vehicles in England, see subsection (4) of that section), or

  (c)

  5Schedule 3A (distribution of free printed matter, see
  paragraph 8 of that Schedule);

• “littering enforcement function” means—

  (a)

  any function of a litter authority, or of an authorised
  officer of that authority, conferred by or under sections
  1087 to 88A or Schedule 3A, or

  (b)

  any function exercised for purposes connected with any
  of those sections or that Schedule.”

(4) In section 98(1A) (definition of appropriate person), in paragraph (b) for
“National Assembly for Wales” substitute “Welsh Ministers”.

64 15Fixed penalty notices

(1) The Environmental Protection Act 1990 is amended as follows.

(2) In section 33ZA (fixed penalty notices relating to depositing, treatment or
disposal of waste: England)—

(a) in subsection (10), for the words from “the period” to the end substitute
20“a period specified by the authority.”;

(b) after that subsection insert—

“(10A) The Secretary of State may by regulations substitute different
amounts for the amounts for the time being specified in
subsections (9) and (10).”

(3) 25In section 33ZB (fixed penalty notices relating to depositing, treatment or
disposal of waste: Wales)—

(a) in subsection (10), for the words from “the period” to the end substitute
“a period specified by the authority.”;

(b) after that subsection insert—

“(10A) 30The Welsh Ministers may by regulations substitute different
amounts for the amounts for the time being specified in
subsections (9) and (10).”

(4) In section 34ZA (fixed penalty notices relating to transfer of household waste:
England)—

(a) 35in subsection (9), for the words from “within” to the end substitute
“before the end of a period specified by the authority.”;

(b) after that subsection insert—

“(9A) The Secretary of State may by regulations substitute different
amounts for the amounts for the time being specified in
40subsections (7)(b), (8) and (9).”

(5) In section 34ZB (fixed penalty notices relating to transfer of household waste:
Wales)—

(a) in subsection (8), for the words from “the period” to the end substitute
“a period specified by the authority.”;

(b) after that subsection insert—

“(8A) The Welsh Ministers may by regulations substitute different
amounts for the amounts for the time being specified in
subsections (7) and (8).”

65 5Regulation of polluting activities

In Schedule 1 to the Pollution Prevention and Control Act 1999, in paragraph 4
(permits)—

(a) the existing text becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) 10In relation to England and Wales, imposing such a
prohibition in relation to an activity except where the
carrying on of the activity meets conditions determined by
the regulators in accordance with the regulations.”

66 Waste regulation: amendment of Northern Ireland Order

(1) 15In Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order
1997 (S.I. 1997/2778 (N.I. 19)), in the definition of “the Department”, for “the
Department of the Environment” substitute “the Department of Agriculture,
Environment and Rural Affairs”.

(2) To the extent that immediately before the commencement of this section a
20reference in that Order to “the Department” was to be read as being or
including a reference to a department other than the Department of
Agriculture, Environment and Rural Affairs (by virtue of Article 9(1) of the
Departments (Transfer of Functions) Order (Northern Ireland) 2016 or
otherwise), it is to continue to be so read.

25Part 4 Air quality and environmental recall

Air quality

67 Local air quality management framework

Schedule 12 contains amendments of Part 4 of the Environment Act 1995 (air
30quality).

68 Smoke control areas: amendments to the Clean Air Act 1993

Schedule 13 makes provision—

(a) for imposing financial penalties for the emission of smoke in smoke
control areas in England,

(b) 35about offences relating to the sale and acquisition of solid fuel in
England,

(c) to apply smoke control orders to vessels in England, and

(d) for authorised fuels and exempted fireplaces to be listed in Wales.

Environmental recall of motor vehicles etc

69 Environmental recall of motor vehicles etc

(1) The Secretary of State may by regulations make provision about, or connected
with, the recall of relevant products that do not meet relevant environmental
5standards by manufacturers and distributors of those products.

(2) A “relevant product” is a product specified or described in the regulations.

(3) Only the following types of product may be specified or described in the
regulations—

(a) a mechanically propelled vehicle;

(b) 10a part of a mechanically propelled vehicle;

(c) an engine that is, or forms part of, machinery that is transportable
(including by way of self-propulsion);

(d) a part of such an engine, or any other part of such machinery that is
connected with the operation of the engine.

(4) 15A “relevant environmental standard” means a standard that—

(a) by virtue of any enactment, a relevant product must meet,

(b) is relevant to the environmental impact of that product, and

(c) is specified in the regulations.

(5) In subsection (4)(a) “enactment” has the same meaning as in the European
20Union (Withdrawal) Act 2018.

(6) In subsection (4)(b) “environmental impact”, in relation to a relevant product,
includes any impact on the environment caused by noise, heat or vibrations or
any other kind of release of energy or emissions resulting from the use of the
product.

(7) 25Sections 70 to 72 make further provision about regulations under subsection
(1).

70 Compulsory recall notices

(1) Regulations under section 69(1) may make provision for, and in connection
with, conferring a power on the Secretary of State to give a compulsory recall
30notice to a manufacturer or distributor of a relevant product that the Secretary
of State has reasonable grounds for believing does not meet a relevant
environmental standard.

(2) A “compulsory recall notice” is a notice that requires the recipient of the notice
to organise the return of a relevant product to the recipient, or to any other
35person specified in the notice, from persons who have been supplied (whether
or not directly by the recipient) with the product.

(3) Where a relevant product forms part of another product, the notice may
require its recipient to organise the return of that other product (whether or not
it is a relevant product).

(4) 40The regulations may provide that a compulsory recall notice may impose
supplementary requirements on its recipient.

(5) The regulations may confer a power on the Secretary of State to give a recipient
of a compulsory recall notice a further notice (“a supplementary notice”) that
imposes supplementary requirements on its recipient.

(6) The regulations may provide that any of the following, in particular, may be
5supplementary requirements—

(a) a requirement to secure that at least a specified proportion of products
manufactured or distributed by the recipient that are the subject of the
notice are returned in accordance with it;

(b) a requirement to publicise a compulsory recall notice;

(c) 10a requirement to provide information to the Secretary of State;

(d) a prohibition on supplying the product subject to the notice, or offering
or agreeing to do so;

(e) a requirement to pay such compensation as may be determined in
accordance with the notice to a person who returns a product subject to
15the notice;

(f) a requirement to make such other specified arrangements for the
purpose of mitigating the effect of returning a product on the person
who returns it;

(g) a requirement to destroy, or arrange for the destruction of, a returned
20product;

(h) a requirement to take steps to modify, or arrange for the modification
of, a returned product for the purpose of ensuring that the product
complies with relevant environmental standards;

(i) a requirement to organise the return of a returned product to the person
25who initially returned it;

(j) a requirement to otherwise dispose of the product in such manner as
may be specified.

(7) In subsection (6) “specified” means specified in the notice.

(8) The regulations may—

(a) 30make provision about appeals against a decision to give a compulsory
recall notice or a supplementary notice;

(b) make provision about the withdrawal of compulsory recall notices and
supplementary notices (including provision about the effect of
withdrawal).

71 35Further provision about regulations under section 69

(1) Regulations under section 69(1) may impose a duty on a manufacturer or
distributor of a relevant product to notify the Secretary of State if the person
has reason to consider that the product does not meet a relevant environmental
standard.

(2) 40The regulations may confer a power on the Secretary of State—

(a) to require the provision of information by a manufacturer or distributor
of a relevant product for the purpose of enabling the Secretary of State
to consider how, or whether, to exercise a power to give a compulsory
recall notice or a supplementary notice;

(b) 45to require the provision of samples of relevant products by such a
manufacturer or distributor for that purpose.

(3) The regulations may make provision about the enforcement of requirements
imposed by or under the regulations including provision—

(a) about the designation of a person to exercise functions in connection
with the enforcement of the requirements (“the enforcement
5authority”);

(b) requiring the provision of information by a manufacturer or distributor
of a relevant product for purposes connected with the enforcement of
the requirements;

(c) requiring the provision of samples of relevant products by such a
10manufacturer or distributor for those purposes;

(d) about the imposition of financial penalties by the enforcement
authority;

(e) for the amount of financial penalties to be determined by the
enforcement authority in accordance with the regulations;

(f) 15for such a determination to be made by reference to factors specified in
the regulations which may include, for example, the turnover of a
business or the costs of complying with the requirement being enforced
(and the regulations may provide that the amount of a financial penalty
may exceed the amount of those costs);

(g) 20about appeals against the imposition of a financial penalty.

(4) The regulations may confer a power on the enforcement authority, where the
authority has reasonable grounds for suspecting that a manufacturer or
distributor of a relevant product has failed to comply with a requirement
imposed by or under the regulations—

(a) 25to enter the premises of that manufacturer or distributor;

(b) to take documents or records from those premises (or make copies of
such documents or records);

(c) to take samples of relevant products found on those premises.

(5) The regulations may make provision about warrants in connection with any
30power conferred by virtue of subsection (4).

(6) The regulations may make different provision for different purposes.

72 Interpretation of sections 69 to 71

In sections 69 to 71—

• “compulsory recall notice” has the meaning given by section 70(2)

• 35“distributor” has the meaning given by regulations under section 69(1),
  but may only include a person acting in the course of business;

• “manufacturer” has the meaning given by regulations under section 69(1)
  which may define that term by reference (in particular) to—

  (a)

  a person’s involvement in the manufacture of a relevant
  40product, or

  (b)

  a person’s relationship with a person involved in the
  manufacture of a relevant product;

• “relevant environmental standard” has the meaning given by section
  69(4);

• 45“relevant product” has the meaning given by section 69(2);

• “supplementary notice” has the meaning given by section 70(5).

Part 5 Water

Plans and proposals

73 Water resources management plans, drought plans and joint proposals

(1) 5Chapter 1 of Part 3 of the Water Industry Act 1991 (general duties of water
undertakers) is amended as follows.

(2) In section 37A (water resources management plans)—

(a) in the heading omit “: preparation and review”;

(b) in subsection (3)(b) omit from “(also” to the end;

(c) 10in subsection (4)—

(i) at the beginning insert “Section 39F contains provision about”;

(ii) omit “is set out in section 37B below”;

(d) in subsection (6) omit the words after paragraph (c);

(e) omit subsection (8);

(f) 15omit subsection (10).

(3) Omit sections 37B and 37C (water resources management plans: publication
and provision of information).

(4) In section 37D (water resources management plans: supplementary)—

(a) in subsection (1), in the words before paragraph (a), for “, 37AA or 37B”
20substitute “or 37AA”;

(b) in subsection (3)—

(i) in paragraph (a) for “to 37C” substitute “and 37AA”;

(ii) omit paragraph (b) (and the “and” before it).

(5) Section 39B (drought plans) is amended as follows—

(a) 25in the heading omit “: preparation and review”;

(b) in subsection (4)(b) omit from “(also” to the end;

(c) for subsection (5) substitute—

“(5) Section 39F makes provision about the procedure for preparing
and publishing a drought plan (or revised plan).”;

(d) 30in subsection (6)—

(i) in paragraph (c) omit from “in accordance” to the end;

(ii) omit the words after paragraph (c);

(e) omit subsection (7);

(f) in subsection (9), in the words before paragraph (a), omit from
35“(including” to “above)”.

(6) Omit section 39C (drought plans: provision of information).

(7) After section 39D insert—

“39E Joint proposals

(1) The Minister may give a direction to two or more water undertakers to
40prepare and publish a joint proposal.

(2) A joint proposal is a proposal that identifies measures that may be
taken jointly by the undertakers for the purpose of improving the
management and development of water resources.

(3) A joint proposal must not contain measures that (if taken) would result
5in any water undertaker being unable to meet its obligations under this
Part.

(4) A direction under this section may, in particular, require that—

(a) a joint proposal takes a specified form;

(b) a joint proposal addresses a specified matter;

(c) 10a joint proposal be prepared—

(i) in relation to a specified area;

(ii) by reference to specified criteria;

(iii) on the basis of a specified assumption.

(5) Directions under this section are to be given by an instrument in
15writing.

(6) Each water undertaker to whom a direction applies must comply with
the direction.

(7) The duties of a water undertaker under this section are enforceable by
the Minister under section 18.

(8) 20In this section “the Minister” means—

(a) the Secretary of State, in relation to water undertakers whose
areas are wholly or mainly in England, and

(b) the Welsh Ministers, in relation to water undertakers whose
areas are wholly or mainly in Wales.

(9) 25In this section “specified” means specified in a direction under this
section.

39F Plans and joint proposals: regulations about procedure

(1) The Minister may by regulations make provision about the procedure
for preparing and publishing—

(a) 30a water resources management plan,

(b) a drought plan, and

(c) a joint proposal,

including any revised plans or proposals.

(2) Regulations under subsection (1) may provide for the sharing of
35information and, in particular, may require a water supply licensee to
share such information with a water undertaker as may be reasonably
requested.

(3) The regulations may make provision about consultation to be carried
out by water undertakers, including provision about—

(a) 40the persons to be consulted,

(b) the frequency and timing of any consultation, and

(c) the publication of statements relating to any consultation.

(4) The regulations may make provision about the preparation and
circulation of drafts, including provision for the Minister to require
45changes to a draft plan or proposal.