S.C.B.
Amendment Paper as at
Tuesday 29th April 2003
STANDING COMMITTEE B
WASTE AND EMISSIONS TRADING BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [3rd April 2003].
Norman Baker
Sue Doughty
84
Clause 22, page 15, line 8, after 'land', insert 'both solid rock and sedimentary deposits, including soil'.
Norman Baker
Sue Doughty
85
Clause 22, page 15, line 15, at end insert ', provided that this waste is not subsequently sent to landfill at that same site.'.
Norman Baker
Sue Doughty
15
Clause 22, page 15, line 19, leave out 'three years' and insert 'one year'.
Norman Baker
Sue Doughty
86
Clause 22, page 15, line 20, leave out 'one year' and insert 'three months'.
Norman Baker
Sue Doughty
87
Clause 22, page 15, line 21, after 'deposit', insert 'and/or storage'.
Mr Michael Meacher
19
Clause 22, page 15, line 24, leave out subsection (4).
Norman Baker
Sue Doughty
88
Clause 22, page 15, line 25, after 'biodegradable', insert 'as outlined in Regulations relating to concerns associated with animal health'.
Norman Baker
Sue Doughty
8
Clause 22, page 15, line 28, after 'sorting', insert ', but not including incineration'.
Mr John Hayes
67
Clause 23, page 15, line 37, leave out '2019' and insert '2015'.
Mr John Hayes
68
Clause 23, page 15, line 38, leave out '2010, 2013' and insert '2009, 2010'.
Mr John Hayes
69
Clause 23, page 15, line 39, leave out '2020' and insert '2016'.
Norman Baker
Sue Doughty
89
Clause 23, page 15, line 40, after 'may', insert ', after a consultation following the guidelines laid out by the Cabinet Office in the code of practice on written consultation of November 2000'.
Norman Baker
Sue Doughty
90
Clause 23, page 15, leave out line 43.
Norman Baker
Sue Doughty
91
Clause 23, page 15, leave out line 44.
Norman Baker
Sue Doughty
92
Clause 23, page 16, leave out line 1.
Norman Baker
Sue Doughty
93
Clause 24, page 16, line 11, before 'area', insert 'geographical'.
Norman Baker
Sue Doughty
94
Clause 24, page 16, line 16, before 'area', insert 'geographical'.
Mr Jonathan Sayeed
76
Clause 24, page 16, line 21, at end insert—
'(6) In this Chapter "Best Practicable Environmental Option" or "BPEC" means the outcome of a systematic consultative and decision-making procedure which emphasises the protection and conservation of the environment across land, air and water. The BPEO procedure establishes for a given set of objectives, the option that provides the most benefits or the least damage to the environment as a whole, at acceptable cost, in the long term as well as the short term.'.
Norman Baker
Sue Doughty
95
Clause 25, page 16, line 26, after the first 'sludges', insert 'and other non-hazardous materials'.
Norman Baker
Sue Doughty
16
Clause 26, page 17, line 7, at end insert 'for a maximum period of one year'.
Mr John Hayes
Gregory Barker
Mr Jonathan Sayeed
Mr Bill Wiggin
96
Clause 26, page 17, line 25, at end insert, 'A Waste collection authority in England which is not also a waste disposal authority may direct that the waste disposal authority to whom it delivers its waste shall not dispose of that waste by incineration. Failure on behalf of the waste disposal authority to comply will result in a penalty as set down in Clause 9'.
Mr John Hayes
70
Clause 26, page 17, line 25, at end add—
'( ) Where a waste collection authority fails to fulfil its obligations, as directed by a waste disposal authority under section 57 of the Environmental Protection Act 1990, and as a result of the waste disposal authority is liable to a penalty under section 9, then the waste collection authority shall become liable to a penalty as defined in this section.'.
Norman Baker
Sue Doughty
17
Clause 27, page 17, leave out lines 42 to 44.
Dr Alan Whitehead
Paddy Tipping
71
Clause 31, page 20, line 18, at end insert—
'(1A) In section 45 (collection of controlled waste), subsection (3) (charges) shall be omitted.'.
Mr Michael Meacher
20
Clause 31, page 20, line 32, at end insert—
'(4B) Before exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall consult the waste collection authorities within its area.
(4C) In exercising its power to include requirements about separation in directions under subsection (4)(a) above, a waste disposal authority shall have regard to any guidance given by the Secretary of State as to the exercise of that power.
(4D) A waste disposal authority which includes requirements about separation in directions given under subsection (4)(a) above shall notify the waste collection authorities to which the directions are given of its reasons for including the requirements.".'.
Mr Michael Meacher
21
Clause 31, page 20, line 32, at end insert—
'( ) After section 52 there is inserted—
"52A Payments for delivering waste pre-separated
(1) A waste disposal authority in England which is not also a waste collection authority shall pay to a waste collection authority within its area such amounts as are needed to ensure that the collection authority is not financially worse off as a result of having to comply with any separation requirements.
(2) A waste disposal authority in England which is not also a waste collection authority may pay to a waste collection authority within its area—
| (a) | which performs its duty under section 48(1) above by delivering waste in a state of separation, but |
| (b) | which is not subject to any separation requirements as respects the delivery of that waste, |
contributions of such amounts as the disposal authority may determine towards expenditure of the collection authority that is attributable to its delivering the waste in that state.
(3) The Secretary of State may by regulations make provision about how amounts to be paid under subsection (1) above are to be determined.
(4) Regulations under subsection (3) above may include provision for amounts to be less than they would otherwise be (or to be nil) if conditions specified in the regulations are not satisfied.
(5) Any question arising under subsection (1) above shall, in default of agreement between the paying and receiving authorities, be determined by arbitration.
(6) A waste collection authority in England which is not also a waste disposal authority shall supply the waste disposal authority for its area with such information as the disposal authority may reasonably require—
| (a) | for the purpose of determining amounts under this section, or |
| (b) | for the purpose of estimating any amounts that would fall to be determined under this section were the collection authority to be subject to particular separation requirements. |
(7) In this section "separation requirements", in relation to a waste collection authority, means requirements about separation included in directions given to it under section 51(4)(a) above.".'.
Norman Baker
Sue Doughty
77
Clause 31, page 20, line 32, at end insert—
'( ) In section 52 (payments for recycling and disposal etc. of waste) after subsection (9) (a waste disposal authority shall be entitled to receive from a waste collection authority such sums as are needed to reimburse the waste disposal authority) there is inserted—
| "(9A) | A waste collection authority shall have the right to appeal to the allocating authority against the sum requested in reimbursement from the waste disposal authority under subsection (9). |
| (9B) | If any exercise of the power contained in subsection (9) by a waste disposal authority results in a financial loss to a waste collection authority through the requirement to alter a pre-existing contract, that loss shall be payable in full by the waste disposal authority.".'. |
NEW CLAUSES RELATING TO PART 1
Strategies for dealing with flytipping: England
Norman Baker
Sue Doughty
NC1
To move the following Clause:—
'.—(1) The Secretary of State must have a strategy for—
| (a) | reducing the amount of waste which is flytipped, and |
| (b) | extending the powers of local authorities and the Environment Agency to deal with flytipping. |
(2) Before formulating policy for the purposes of subsection (1), the Secretary of State must—
| (a) | consult the Scottish Ministers, the National Assembly for Wales, the Department of the Environment, the Secretary of State for the Home Office, the Environment Agency and the Mayor of London, |
| (b) | consult such bodies or persons appearing to him to be representative of the interests of local government as it considers appropriate, |
| (c) | consult such bodies or persons appearing to him to be representative of the interests of industry as it considers appropriate, and |
| (d) | carry out such public consultation as it considers appropriate. |
(3) The Secretary of State must set out in a statement any policy formulated for the purposes of subsection (1).
(4) The Secretary of State must, as soon as a statement is prepared for the purposes of subsection (3), send a copy of it to—
| (a) | the Scottish Ministers, |
| (b) | the National Assembly for Wales, and |
| (c) | the Department of the Environment.'. |
