S.C.A
Amendment Paper as at
Thursday 17th June 1999
STANDING COMMITTEE A
New Amendments handed in are marked thus *
POLLUTION PREVENTION AND CONTROL BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Michael Meacher.
Mr Michael Meacher
To move, That the Bill be considered in the following Order, namely: Clauses 1 and 2, Schedule 1, Clause 3, New Clauses, New Schedules, Clause 4, Schedules 2 and 3, Clause 5.
Mr Simon Burns
Mrs Caroline Spelman
1
Clause 1, page 1, line 10, leave out 'any' and insert 'significant'.
Mr Simon Burns
Mrs Caroline Spelman
2
Clause 1, page 1, line 12, at end insert—
'(1A) For the purposes of subsection (1)(b) above, "significant" means that which the Secretary of State may by order decide.
(1B) No order shall be made under subsection (1A) above unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.
Mr Simon Burns
Mrs Caroline Spelman
3
Clause 1, page 1, line 20, leave out 'any' and insert 'significant'.
Mr Simon Burns
Mrs Caroline Spelman
5
Clause 1, page 1, line 22, after 'noise', insert 'light'.
Mr Simon Burns
Mrs Caroline Spelman
14
Clause 1, page 1, line 25, at end insert ', except where the buildings or structures have the function of controlling pollution.'.
Mr Simon Burns
Mrs Caroline Spelman
4
Clause 1, page 1, line 25, at end insert—
'(2A) For the purposes of subsection (2) above, "significant" means that which the Secretary of State may by order decide.
'(2B) No order shall be made under subsection (2A) above unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.
Mr Simon Burns
Mrs Caroline Spelman
9
Clause 1, page 2, line 6, after '(c)', insert 'significant'.
Mr Tom Brake
Mr Andrew Stunell
17
Clause 1, page 2, line 10, at end add—
'(f) "waste" shall mean controlled waste as defined for the purposes of Part II of the Environmental Protection Act 1990 and the Waste and Contaminated Land (Northern Ireland) Order 1997.'.
Mr Simon Burns
Mrs Caroline Spelman
10
Clause 1, page 2, line 10, at end insert—
'(4) For the purposes of subsection (3)(c) above, "significant" means that which the Secretary of State may by order decide.
(5) No order shall be made under subsection (4) above unless a draft has been laid before, and approved by resolution of, each House of Parliament.'.
Mr Simon Burns
Mrs Caroline Spelman
8
Clause 2, page 2, line 40, at end insert—
'(6A) A statutory instrument containing regulations under this section shall be laid in draft before, and subject to approval by a resolution of, each House of Parliament.'.
Mr Simon Burns
Mrs Caroline Spelman
11
Clause 2, page 2, leave out lines 41 to 44.
Mr Simon Burns
Mrs Caroline Spelman
12
Clause 2, page 3, line 1, leave out 'to which this subsection applies shall be made' and insert 'shall be made under subsection (6) above'.
Mr Simon Burns
Mrs Caroline Spelman
13
Clause 2, page 3, leave out lines 5 to 16.
Mr Michael Meacher
18
*Schedule 1, page 5, line 36, leave out 'otherwise than' and insert ', or otherwise carrying on any activities of any specified description, except'.
Mr Michael Meacher
19
*Schedule 1, page 6, line 8, after 'changes' insert '—
Mr Michael Meacher
20
*Schedule 1, page 6, line 9, at end insert ', or
(b) in the case of permits for the carrying on of activities otherwise than in the course of operating any installation or plant, in the carrying on of the activities.'.
Joan Walley
Mr Tom Brake
Mr Andrew Stunell
16
Schedule 1, page 6, page 34, leave out paragraphs 11 and 12 and insert—
'11. Enabling persons of any specified description (whether or not they are holders of permits) to be required—
(a) to compile information on emissions and releases to the environment, sewers and to any premises and plant treating, keeping or disposing of waste, where emissions and releases shall include energy within the meaning of the regulations;
(b) to include in this compilation details of individual waste streams and their final destination;
(c) to include in this compilation information on emissions and releases from transport activities;
(d) to include in this compilation information on the energy consumed by activities;
(e) to include in the compilation details of the location of the activity which is the source of emissions and releases and of the person or persons responsible for operating the activity;
(f) to include such further information as is deemed necessary and provide such information in such manner as is specified in the regulations.
12. Securing—
(a) that publicity is given to specified matters;
(b) that regulators maintain registers of specified matters (subject to any exceptions specified in the regulations) which are open to public inspection;
(c) that regulators maintain copies of entries in such registers, or of specified documents, which may be obtained by members of the public;
(d) that regulators make information publicly available on an annually updated basis in an electronic form which is also accessible through the Internet free of any charge.'.
Mr Simon Burns
Mrs Caroline Spelman
15
Schedule 1, page 6, line 43, after 'confidential', insert 'or prejudicial to public order'.
Mr Simon Burns
Mrs Caroline Spelman
6
Schedule 1, page 7, line 37, at end insert—
'Matters pending appeal
Providing that where an appeal has been brought in accordance with rights conferred under paragraph 19, the operator may continue to operate an installation until the appeal has been heard and determined.'.
Mr Michael Meacher
21
*Schedule 1, page 7, line 42, leave out 'to' and insert ', 158 and'.
Mr Michael Meacher
22
*Schedule 1, page 8, line 4, at end insert—
'( ) Making provision about the application of the regulations to the Crown.'.
NEW CLAUSES
Prevention etc. of pollution after accidents involving offshore installations
Mr Michael Meacher
NC2
*To move the following Clause:—
'.—(1) The Secretary of State may, in relation to offshore installations, by regulations make provision which, subject to any modifications that he considers appropriate, corresponds or is similar to any provision made by, or capable of being made under, sections 137 to 140 of the Merchant Shipping Act 1995 (powers to prevent and reduce pollution, and the risk of pollution, by oil or other substances following an accident) in relation to ships.
(2) In this section—
"offshore installation" means any structure or other thing (but not a ship) in or under—
(a) United Kingdom territorial waters, or
(b) any waters mentioned in section 5(9)(b) or (c),
which is used for the purposes of, or in connection with, the exploration, development or production of petroleum;
"petroleum" has the meaning given by section 1 of the Petroleum Act 1998;
"ship" has the same meaning as in the Merchant Shipping Act 1995.
(3) Regulations under this section may—
(a) contain such consequential, incidental, supplementary, transitional or saving provisions as the Secretary of State considers appropriate; and
(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
(4) Before making any regulations under this section, the Secretary of State shall consult—
(a) the Environment Agency, the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;
(b) such bodies or persons appearing to him to be representative of the interests of owners or operators of offshore installations as he may consider appropriate; and
(c) such other bodies or persons as he may consider appropriate.
(5) The power to make regulations under this section shall be exercised by statutory instrument.
(6) No regulations shall be made under this section (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.'.
Pollution inventories
Mr Tom Brake
Mr Andrew Stunell
NC1
To move the following Clause:—
'.—(1) The Secretary of State shall establish and maintain a pollutant release and transfer register on a structured, computerised and publicly accessible database in accordance with regulations made under this section.
(2) Such regulations shall make provision for—
(a) quantities of reportable substances released and transferred from stationary and diffuse sources—
(i) to air and atmosphere;
(v) to any premises and plant, treating, keeping or disposing of waste;
(b) quantities of reportable and other substances and of the energy used in or generated by such sources;
(c) details of individual waste streams and their final destination;
(d) the location of such sources to be identified on a map;
(e) for stationary sources, the name, address and telephone number of the operator and a responsible member of staff;
(f) the maximum quantity of each reportable substance on site at such a stationary source;
in respect of each calendar year to be reported to the Secretary of State in a standard manner on the basis of actual measurements or estimates.
(3) The Secretary of State shall prescribe in regulations those substances and preparations which are required to be reported having regard to whether the substances and preparations have one or more of the hazardous properties or characteristics set out in Schedule (Pollution inventories).
(4) The Secretary of State shall make provision in regulations for—
(a) the register to be established and maintained in an electronic form accessible to members of the public, libraries and schools through the internet free of any charge;
(b) the register to be available to the public at reasonable times for copying (upon payment of a reasonable photocopying charge) and inspection free of charge;
(c) members of the public residing in the vicinity of a stationary source to be able to receive reasonable assistance in obtaining and understanding the information contained on the register in respect of that source.
(5) Paragraphs 17 (offences), 23 (charging schemes) and 24 (offences) of Schedule 1 shall also apply to regulations made under this section.
(6) In this section—
"diffuse source" shall mean a source, not being a stationary source, from which releases or transfers are made where those releases or transfers are from any—
(a) form of transport as prescribed in regulations; and
(b) other diffuse source as may be prescribed:
"reportable substance" means any substance or preparation prescribed in regulations made by the Secretary of State under sub-section 3 above.
"stationary source" means a source from which releases or transfers are made where those releases or transfers are from any—
(a) process which is a prescribed process as defined—
(b) activity listed in Annex I of Council Directive 96/61/EC of 24th September 1996 concerning integrated pollution prevention and control;
(c) activity which requires a site licence as defined—
(d) activity which requires a discharge consent—
(i) in respect of England and Wales, under Part III, Chapter II of the Water Resources Act 1991;
(ii) in respect of Scotland, under Part II of the Control of Pollution Act 1974; and
(iii) in respect of Northern Ireland, Part II of the Water Act (Northern Ireland) 1972;
(e) activity which requires a trade effluent consent or agreement—
(i) in respect of England and Wales, under Chapter III of the Water Industry Act 1991;
(ii) in respect of Scotland, under the Sewerage (Scotland) Act 1968; and,
(iii) in respect of Northern Ireland, under Part V of the Water and Order 1973;
(f) any disposal or accumulation of radioactive waste within the scope of sections 13(1) and 14(1), respectively, of the Radioactive Substances Act 1993;
(g) activity which requires a production licence under the Petroleum (Production) Act 1934 and regulations made thereunder; and
(h) other stationary sources which may be prescribed in regulations.
