House of Commons Hansard Debates for 28 Jun 1995

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any prior consultation and with unpredictable consequences, the precise effect of which would depend on the wording of the discharge consents.

The amendment would leave dischargers throughout the country uncertain as to their legal responsibilities and about the threat of prosecution. I need hardly say that that would be highly controversial. Not surprisingly, the representatives of some major dischargers were concerned about the potential effects of the amendments. Any approach on these matters therefore needs to be thought through fully.

In relation to the letter to which my right hon. Friend referred, I have had an opportunity through his kindness to be able to seek some advice. The figures in the NRA letter are inevitably based on assumptions, and the estimates made by the NRA seem to be at the top end, as it admits. It is far from clear whether all the consents need to be reviewed, and the NRA accepts that some types of consent are likely to be more significant than others. In particular, it is not clear whether descriptive consents would need to be reviewed, and those form the bulk of current consents.

The amount of effort involved will clearly depend on the degree of standardisation in consents, and it is not unreasonable to assume that there will be a high degree of standardisation within regions and between dischargers of the same type. Before issuing any direction to the NRA, they would clearly want to consider how the amount of effort involved could be minimised. The fundamental point remains: that the easiest or cheapest course of action is not necessarily the right one.

I assure my right hon. Friend that I shall keep a close eye on this issue, about which I know he feels strongly. The representations that he has made to me will be conveyed to those who make the decisions in these matters. In those circumstances, I hope that he will understand why I ask him not to press his amendment No. 119.

Amendment agreed to.

Amendments made: No. 225, in page 269, line 15, at end insert-- `( ) in subsection (1), in each of paragraphs (b) and (c), for the words "the preceding section" there shall be substituted the words "section 38 of this Act";'.

No. 226, in page 273, line 38, leave out

`if the mine or part of the mine'

and insert

`to the owner or former operator of any mine or part of a mine if the mine or part'.

No. 227, in page 274, leave out lines 33 and 34 and insert-- `(aa) requirements for consultation, before the service of a works notice, with persons other than the person on whom that notice is to be served;

(b) steps to be taken for the purposes of any consultation required under subsection (4) above or regulations made by virtue of paragraph (aa) above;'.

No. 228, in page 274, line 37, at end insert--

`(5A) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (4) above or of regulations made by virtue of paragraph (aa) of subsection (5) above.'.

No. 229, in page 274, line 47, after `or' insert `former'.

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No. 230, in page 275, line 10, at end insert--

`Grant of, and compensation for, rights of entry etc.

46AA.--(1) A works notice may require a person to carry out operations in relation to any land or waters notwithstanding that he is not entitled to carry out those operations.

(2) Any person whose consent is required before any operations required by a works notice may be carried out shall grant, or join in granting, such rights in relation to any land or waters as will enable the person on whom the works notice is served to comply with any requirements imposed by the works notice.

(3) Before serving a works notice, SEPA shall reasonably endeavour to consult every person who appears to it--

(a) to be the owner or occupier of any relevant land, and (b) to be a person who might be required by subsection (2) above to grant, or join in granting, any rights,

concerning the rights which that person may be so required to grant.

(4) A works notice shall not be regarded as invalid, or as invalidly served, by reason only of any failure to comply with the requirements of subsection (3) above.

(5) A person who grants, or joins in granting, any rights pursuant to subsection (2) above shall be entitled, on making an application within such period as may be prescribed and in such manner as may be prescribed to such person as may be prescribed, to be paid by the person on whom the works notice in question is served compensation of such amount as may be determined in such manner as may be prescribed.

(6) Without prejudice to the generality of the regulations that may be made by virtue of subsection (5) above, regulations by virtue of that subsection may make such provision in relation to compensation under this section as may be made by regulations by virtue of subsection (4) of section 35A of the Environmental Protection Act 1990 in relation to compensation under that section. (7) In this section--

"relevant land" means--

(a) any land or waters in relation to which the works notice in question requires, or may require, operations to be carried out; or (b) any land adjoining or adjacent to that land or those waters; "works notice" means a works notice under section 46A of this Act.'.

No. 231, in page 275, line 49, at end insert--

`(6) This section is subject to section 112 of the Environment Act 1995 (delegation or reference of appeals).'.

No. 232, in page 277, line 49, at end insert--

`( ) In section 56(1) (interpretation of Part II), the following definition shall be inserted in the appropriate place in alphabetical order--

"operations" includes works;".'.--

No. 86, in page 280, line 21, at end insert--

` The Local Government (Miscellaneous Provisions) Act 1976 30A. In section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation of Part I of that Act) after subsection (1A) (certain provisions of that Act, including section 16 (obtaining information about land), to have effect as if the Broads Authority were a local authority) there shall be inserted-- "(1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority.".'.

No. 87, in page 281, line 24, at end insert--

`(3) In section 122(2) of that Act (matters to which, so far as practicable, regard is to be had by local authorities in exercising their functions under the Act) after paragraph (b) there shall be inserted--

"(bb) the strategy prepared under section 79 of the Environment Act 1995 (national air quality strategy);".'.

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No. 88, in page 282, leave out lines 18 to 29 and insert-- `(6) Subsection (2) of that section (disclosure of information between certain authorities) shall cease to have effect.'. No. 89, in page 284, line 6, at end insert--

` . In Schedule 4 to that Act (other powers etc. of licence holders) in paragraph 4(1)(b) (power for certain bodies to execute works involving alterations of electric lines or plant) for the words "National Rivers Authority" there shall be substituted the words "Environment Agency".'.

No. 90, in page 286, line 29, at end insert--

`(2) At the end of subsection (12) of that section (definition of "relevant enactments" for the purposes of subsection (2)) there shall be added "; and

(g) section 86 of the Environment Act 1995.".'.

No. 91, in page 291, line 22, at end insert--

` . After section 35 of that Act there shall be inserted-- "Compensation where rights granted pursuant to section 35(4) or 38(9A)

35A.--(1) This section applies in any case where--

(a) the holder of a licence is required--

(i) by the conditions of the licence; or

(ii) by a requirement imposed under section 38(9) below, to carry out any works or do any other thing which he is not entitled to carry out or do;

(b) a person whose consent would be required has, pursuant to the requirements of section 35(4) above or 38(9A) below, granted, or joined in granting, to the holder of the licence any rights in relation to any land; and

(c) those rights, or those rights together with other rights, are such as will enable the holder of the licence to comply with any requirements imposed on him by the licence or, as the case may be, under section 38(9) below.

(2) In a case where this section applies, any person who has granted, or joined in granting, the rights in question shall be entitled to be paid compensation under this section by the holder of the licence.

(3) The Secretary of State shall by regulations provide for the descriptions of loss and damage for which compensation is payable under this section.

(4) The Secretary of State may by regulations--

(a) provide for the basis on which any amount to be paid by way of compensation under this section is to be assessed;

(b) without prejudice to the generality of subsection (3) and paragraph (a) above, provide for compensation under this section to be payable in respect of--

(i) any effect of any rights being granted, or

(ii) any consequence of the exercise of any rights which have been granted;

(c) provide for the times at which any entitlement to compensation under this section is to arise or at which any such compensation is to become payable;

(d) provide for the persons or bodies by whom, and the manner in which, any dispute--

(i) as to whether any, and (if so) how much and when, compensation under this section is payable; or

(ii) as to the person to or by whom it shall be paid,

is to be determined;

(e) provide for when or how applications may be made for compensation under this section;

(f) without prejudice to the generality of paragraph (d) above, provide for when or how applications may be made for the determination of any such disputes as are mentioned in that paragraph;

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(g) without prejudice to the generality of paragraphs (e) and (f) above, prescribe the form in which any such applications as are mentioned in those paragraphs are to be made;

(h) make provision similar to any provision made by paragraph 8 of Schedule 19 to the Water Resources Act 1991;

(j) make different provision for different cases, including different provision in relation to different persons or circumstances;

(k) include such incidental, supplemental, consequential or transitional provision as the Secretary of State considers appropriate.".'.

No. 92, in page 292, line 53, at end insert--

`(14) This section shall have effect subject to section 36A below."

. After section 36 of that Act there shall be inserted-- "Consultation before the grant of certain licences

36A.--(1) This section applies where an application for a licence has been duly made to a waste regulation authority, and the authority proposes to issue a licence subject (by virtue of section 35(4) above) to any condition which might require the holder of the licence to--

(a) carry out any works, or

(b) do any other thing,

which he might not be entitled to carry out or do.

(2) Before issuing the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (3) below a notice which complies with the requirements set out in subsection (4) below.

(3) A person falls within this subsection if--

(a) he is the owner, lessee or occupier of any land; and (b) that land is land in relation to which it is likely that, as a consequence of the licence being issued subject to the condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence.

(4) A notice served under subsection (2) above shall--

(a) set out the condition in question;

(b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do; and

(c) specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the waste regulation authority by the person on whom the notice is served.

(5) The date which, pursuant to subsection (4)(c) above, is specified in a notice shall be a date not earlier than the date on which expires the period--

(a) beginning with the date on which the notice is served, and (b) of such length as may be prescribed in regulations made by the Secretary of State.

(6) Before the waste regulation authority issues the licence it must, subject to subsection (7) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (2) above.

(7) Subsection (6) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (2) above as the date by which his representations in relation to the condition or its possible effects are to be made.

(8) In subsection (3) above--

"owner", in relation to any land in England and Wales, means the person who --

(a) is for the time being receiving the rack-rent of the land, whether on his own account or as agent or trustee for another person; or

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(b) would receive the rack-rent if the land were let at a rack-rent,

but does not include a mortgagee not in possession; and "owner", in relation to any land in Scotland, means a person (other than a creditor in a heritable security not in possession of the security subjects) for the time being entitled to receive or who would, if the land were let, be entitled to receive, the rents of the land in connection with which the word is used and includes a trustee, factor, guardian or curator and in the case of public or municipal land includes the persons to whom the management of the land is entrusted.".'

No. 93, in page 293, line 7, at end insert--

`(3) After subsection (6) of that section (cases where an application for modification is deemed to have been rejected) there shall be added--

"(7) This section shall have effect subject to section 37A below."

. After section 37 of that Act there shall be inserted-- "Consultation before certain variations

37A.--(1) This section applies where--

(a) a waste regulation authority proposes to modify a licence under section 37(1) or (2)(a) above; and

(b) the licence, if modified as proposed, would be subject to a relevant new condition.

(2) For the purposes of this section, a "relevant new condition" is any condition by virtue of which the holder of the licence might be required to carry out any works or do any other thing--

(a) which he might not be entitled to carry out or do, and (b) which he could not be required to carry out or do by virtue of the conditions to which, prior to the modification, the licence is subject.

(3) Before modifying the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (4) below a notice which complies with the requirements set out in subsection (5) below.

(4) A person falls within this subsection if--

(a) he is the owner, lessee or occupier of any land; and (b) that land is land in relation to which it is likely that, as a consequence of the licence being modified so as to be subject to the relevant new condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence. (5) A notice served under subsection (3) above shall--

(a) set out the relevant new condition in question;

(b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do but which he could not be required to carry out or do by virtue of the conditions (if any) to which, prior to the modification, the licence is subject; and

(6) The date which, pursuant to subsection (5)(c) above, is specified in a notice shall be a date not earlier than the date on which expires the period--

(a) beginning with the date on which the notice is served, and (b) of such length as may be prescribed in regulations made by the Secretary of State.

(7) Before the waste regulation authority issues the licence it must, subject to subsection (8) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (3) above.

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