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Hunting/Fishing

Mr. Rosindell: To ask the Secretary of State for Environment, Food and Rural Affairs what plans she has for changes to the regulatory framework for (a) fishing and (b) shooting other than those resulting from the Hunting Bill, if enacted. [133516]

Mr. Bradshaw: This Government have no plans to change the regulatory framework for fishing or shooting.

When contemplating changes to other legislation the Government consider carefully how best to achieve their aim while protecting other sports from damage that may result from any legal precedent set. However, there may be relatively minor changes that occur indirectly following amendments to certain related legislation. For example, the Environmental Protection (Restriction on the Use of Lead Shot) (England) (Amendment) Regulations 2003, introduces minor changes to the list of sites in Schedule 1 to The Environmental Protection (Restriction on the Use of lead Shot)(England) Regulation 1999. Specifically the New Forest, Avon Valley (Hereford) and River Derwent and Tributaries (Cumbria) and Stanford Training Area, are removed from the list of sites as not being important to waterfowl; the Tweed Estuary is reinstated to the list because it has significant importance for these species. These changes come into force on the 31 October 2003. From this date it will be legal to use lead shot in the New Forest providing people are not shooting species listed on Schedule 2 of the 1999 Regulations, such as ducks and geese.

Persistent Chemicals

Mr. Gordon Marsden: To ask the Secretary of State for Environment, Food and Rural Affairs what recent assessment her Department has made of the need to tighten controls on persistent chemicals. [134190]

Alun Michael: The UK Government have been working with the European Commission and stakeholders to develop proposals for a new regulatory regime to tighten controls on substances that are very persistent and very bioaccumulative, as well as those that are persistent, bioaccumulative and toxic. The need for a more precautionary approach to managing the risks from these chemicals is set out in the UK

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Chemicals Strategy, published in 1999. This can be found on Defra's website at: http://www.defra.gov.uk/environment/chemicals/ukpolicy.htm

It will be some time before the new EU regulatory system is up and running. In the meantime, we intend to press ahead with encouraging voluntary action in the UK as envisaged in the UK Chemicals Strategy. The Chemical Stakeholder Forum was set up under the Strategy to advise on action to address people's concerns about chemicals. The Forum's criteria for identifying chemicals of concern includes those that are very persistent and very bioaccumulative, as well as those that are persistent, bioaccumulative and toxic. Details of the Forum's activities can also be found at the above website address.

Further information about the forthcoming EU regulatory proposals and the Government's position on these can be found at: http://www.defra.gov.uk/environment/chemicals/eufuture.htm

Pollution (Landfill)

Mr. Hancock: To ask the Secretary of State for Environment, Food and Rural Affairs if she will make a statement on the number of incidences of pollution from landfill sites in each of the last five years; and how many (a) fines and (b) prosecutions have resulted. [131905]

Mr. Morley: Information on the number of incidences of pollution from landfill sites is available only from 2000 onwards.

The details are as follows:

In 2000 there were 1,157 incidents;


In 2001 there were 2,018 incidents;


In 2002 there were 994 incidents; and


To date in 2003 there have been 448 incidents recorded.

Those incidents have resulted in fines totalling £239,500 from 23 successful prosecutions. It should be noted that each prosecution could be for more than one offence.

Power Stations (Waste)

Mr. Wiggin: To ask the Secretary of State for Environment, Food and Rural Affairs if she will make a statement on the definition of coal fired power station ash as waste. [133254]

Mr. Morley: The definition of waste in force in the United Kingdom is the definition in Article 1(a) of the Waste Framework Directive (as amended). It provides that waste means,

"... any substance or object ... which the holder discards or intends or is required to discard."

Whether or not a substance such as power station ash is discarded as waste is a matter which must be determined on the facts of the case and the interpretation of the law is a matter for the Courts. The European Court of Justice has issued several judgments on the interpretation of the definition of waste and the meaning of "discard".

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It rests, in the first place, with the producer or holder of a substance to decide whether it is being discarded as waste. The Environment Agency is designated as a "competent authority" for the purposes of the Directive and is responsible for the application of its controls to substances discarded as waste. Power station ash discarded as waste is discussed in the Government's "Waste Strategy 2000" (paragraphs 8.139–8.143) (Cm 4693–2).

Radioactive Waste

Mr. Chaytor: To ask the Secretary of State for Environment, Food and Rural Affairs when she will announce her decision on the Environment Agency's proposal on the future regulation of disposals of radioactive waste from British Nuclear Fuels plc Sellafield. [134264]

Mr. Morley: The Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Health—the responsible Ministers under the Radioactive Substances Act 1993—are currently considering the Environment Agency's proposed decision following its review of the radioactive discharges from the Sellafield site. They will make an announcement about the decision they reach on the Agency's proposal as soon as possible once the full assessment has been completed.

Waste Incineration Directive

Alistair Burt: To ask the Secretary of State for Environment, Food and Rural Affairs what recent representations she has received on the Waste Incineration Directive 2000/76/EC. [134367]

Mr. Morley [holding answer 27 October 2003]: The Department has received 45 responses to the consultation on Guidance on Directive 2000/76/EC which requested responses by 16 May 2003. Four Parliamentary Questions and two items of Ministerial Correspondence have been received since that date.

Alistair Burt: To ask the Secretary of State for Environment, Food and Rural Affairs what consultation is taking place in relation to the implementation of Waste Incineration Directive 2000/76/EC; and when this consultation began. [134368]

Mr. Morley [holding answer 27 October 2003]: "Guidance on Directive 2000/76/EC on the incineration of waste" was published for consultation by my Department and the Welsh Assembly Government on 7 February 2003 following the entry into force on 28 December of The Waste Incineration (England and Wales) Regulations 2002. Responses were requested by 16 May and the Department is considering the draft guidance in the light of the 45 responses received.

Alistair Burt: To ask the Secretary of State for Environment, Food and Rural Affairs, what the Government's policy is on the size of incineration systems affected by Waste Incineration Directive 2000/76/EC; and if she will make a statement. [134381]

Mr. Morley [holding answer 27 October 2003]: The Waste Incineration Directive applies to incineration plant that fits the description of the terms "technical unit" or "plant" which are used in the Directive. Draft

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guidance on the meaning of these terms is given in "Guidance on Directive 2000/76/EC on the incineration of waste" which the Department and the Welsh Assembly Government published for consultation on 7 February 2003.

Waste Management

Mr. Swire: To ask the Secretary of State for Environment, Food and Rural Affairs what estimate she has made of the impact of (a) licensing requirements and (b) notification fees on government targets on waste management. [132658]

Mr. Morley: The waste recovery operations that require a licence are set out in Article 10 of and Annex IIB to the Waste Framework Directive (75/442/EEC as amended by 91/156/EEC) and have been in force in the UK since May 1994. Composting is included in Annex IIB to the Directive.

Member states have discretion under Article 11(1)(b) of the Directive to adopt "general rules" providing exemptions from the licensing requirements of Article 10. The Department has recently carried out a consultation exercise in England and Wales on the revision of the current licensing exemption for composting. A regulatory impact assessment was published as part of this consultation exercise and is available on the Department's website. Licence exemptions are a less onerous form of control than licences and they are provided to encourage the recycling of waste and the attainment of recycling targets.

Norman Baker: To ask the Secretary of State for Environment, Food and Rural Affairs what her policy is on (a) the incineration of hazardous waste in cement kilns and (b) the importation of such waste for that purpose. [133106]

Mr. Morley: Cement kilns and other co-incineration plants can play a significant role in the treatment of hazardous waste. Evidence given to the House of Commons EFRA Select Committee inquiry on hazardous waste last year suggests that cement kilns have capacity to deal with significantly more hazardous waste than at present. I am keen to ensure that all treatment options for hazardous waste are considered, and that there should be a diversity of management options available. The UK Management Plan for Exports and Imports of Waste sets out Government policy in relation to the export and import of hazardous waste, including for the incineration of waste in cement kilns. The plan is currently under review in the light of recent European case law, and the on-going review of the Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community.

Norman Baker: To ask the Secretary of State for Environment, Food and Rural Affairs what steps the Government are taking to encourage waste collection authorities to segregate waste paper from organic material in the waste stream. [133116]

Mr. Morley: The Government have set challenging targets (Statutory Performance Standards) for recycling and composting for all local authorities in England and Wales. It is up to each authority to decide which

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materials to collect, and in what manner, in order to meet those targets, based on local conditions. Their decision will be informed by the strength of the market for each material in the local area, and any quality requirements imposed by processors.

We are committed to reviewing the recycling and composting targets in 2004, in light of the progress made by local authorities in meeting their 2003–04 Statutory Performance Standards.

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