Clean Neighbourhoods and Environment Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Clean Neighbourhoods and Environment Bill

Clean Neighbourhoods and Environment Bill
Part 10 — General
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Pollution
104
Contaminated land: appeals against remediation notices
(1)
Section 78L of the Environmental Protection Act 1990 (c. 43) (appeals against
remediation notices) is amended as follows.
(2)
In subsection (1), for paragraphs (a) and (b) substitute—
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“(a)
if it was served by a local authority in England, or served by the
Environment Agency in relation to land in England, to the
Secretary of State;
(b)
if it was served by a local authority in Wales, or served by the
Environment Agency in relation to land in Wales, to the
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National Assembly for Wales;”.
(3)
In that subsection, for the words from “means” to the end substitute “the
Secretary of State or the National Assembly for Wales, as the case may be”.
(4)
In subsection (4)—
(a)
omit paragraph (b);
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(b)
in paragraph (c), omit the words from “or on” to the end.
(5)
In subsection (6), omit the words “so far as relating to appeals to the Secretary
of State”.
(6)
This section does not have effect in relation to a remediation notice served
under Part 2A of the Environmental Protection Act 1990 before the
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commencement of this section.
(7)
The power of the Secretary of State and National Assembly for Wales under
section 114 of the Environment Act 1995 (c. 25) in relation to appeals under
section 78L of the Environmental Protection Act 1990 extends to appeals under
that section as amended by this section.
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105
Offences relating to pollution etc: penalties on conviction
(1)
In paragraph 25 of Schedule 1 to the Pollution Prevention and Control Act 1999
(c. 24) (purposes for which regulations may be made under section 2: offences),
in sub-paragraph (2)(a)—
(a)
in paragraph (i) for “six months” substitute “12 months”;
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(b)
in paragraph (ii) for “£20,000” substitute “£50,000”.
(2)
Subsection (1) does not have effect in relation to regulations under section 2 of
the Pollution Prevention and Control Act 1999 so far as relating to offences
committed before the commencement of section 154(1) of the Criminal Justice
Act 2003 (c. 44).
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Part 10
General
106
Minor and consequential amendments
Schedule 4 (minor and consequential amendments) has effect.

Clean Neighbourhoods and Environment Bill
Part 10 — General
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107
Repeals
Schedule 5 (repeals) has effect.
108
Commencement
(1)
The provisions specified in subsection (2) come into force—
(a)
in relation to England, in accordance with provision made by order by
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the Secretary of State; and
(b)
in relation to Wales, in accordance with provision so made by the
National Assembly for Wales.
(2)
The provisions referred to in subsection (1) are—
(a)
section 2;
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(b)
sections 6 to 13 and 15 to 17 and, in Part 1 of Schedule 5, the repeals to
the Refuse Disposal (Amenity) Act 1978 (c. 3) and the Road Traffic
Regulation Act 1984 (c. 27);
(c)
sections 19 to 25, paragraphs 5 to 9 of Schedule 4 and, in Part 2 of
Schedule 5, the repeals to the Environmental Protection Act 1990 (c. 43);
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(d)
sections 28 to 31, paragraphs 14 to 19 of Schedule 4 and, in Part 3 of
Schedule 5, the repeals to the Anti-Social Behaviour Act 2003 (c.38);
(e)
section 34 and, in Part 3 of Schedule 5, the repeal to the Town and
Country Planning Act 1990 (c. 8);
(f)
sections 37 and 38 and, in Part 4 of Schedule 5, the repeal of section 6 of
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the Control of Pollution (Amendment) Act 1989 (c. 14);
(g)
sections 45 and 46;
(h)
section 47, paragraph 4 of Schedule 4 and, in Part 4 of Schedule 5, the
repeals to the Environmental Protection Act 1990, other than the repeal
to section 33 of that Act;
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(i)
section 48;
(j)
section 50;
(k)
section 52;
(l)
section 53;
(m)
Chapter 1 of Part 6 above and Part 5 of Schedule 5;
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(n)
Part 7 above except sections 83(2) and 85, and in Part 7 of Schedule 5,
the repeals to the Noise and Statutory Nuisance Act 1993 (c. 40) and the
Noise Act 1996 (c. 37);
(o)
sections 96 to 98 and Part 9 of Schedule 5;
(p)
sections 99 and 100;
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(q)
sections 101 to 103;
(r)
section 104 and Part 10 of Schedule 5.
(3)
These provisions come into force in accordance with provision made by order
by the Secretary of State—
(a)
section 1;
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(b)
section 32;
(c)
sections 42 to 44;
(d)
section 49 and paragraph 3 of Schedule 4;
(e)
Part 8 above and Part 8 of Schedule 5;
(f)
in Part 1 of Schedule 5, the repeal to section 3 of the London Local
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Authorities Act 2004 (c. i).

Clean Neighbourhoods and Environment Bill
Part 10 — General
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(g)
in Part 2 of Schedule 5, the repeals to the London Local Authorities Act
1994 (c. xii) and the City of Newcastle upon Tyne Act 2000 (c. viii);
(h)
in Part 3 of Schedule 5, the repeal to the London Local Authorities Act
1995 (c. x);
(i)
in Part 7 of Schedule 5, the repeal to the London Local Authorities Act
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1991 (c. xiii).
(4)
These provisions come into force at the end of the period of two months
beginning with the day on which this Act is passed—
(a)
sections 3 to 5 and, in Part 1 of Schedule 5, the repeals to the Greater
London Council (General Powers) Act 1982 (c i) and section 11 of the
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London Local Authorities Act 2004 (c. i);
(b)
section 18;
(c)
section 27;
(d)
section 33 and, in Part 3 of Schedule 5, the repeal to the London Local
Authorities Act 2004 (c. i);
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(e)
sections 35 and 36, and in Part 4 of Schedule 5, the repeals to sections 1
and 2 of the Control of Pollution (Amendment) Act 1989 (c. 14);
(f)
section 40 and, in Part 4 of Schedule 5, the repeal to section 33 of the
Environmental Protection Act 1990 (c. 43);
(g)
section 41;
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(h)
section 54;
(i)
section 68 and Part 6 of Schedule 5;
(j)
section 83(2);
(k)
section 105.
(5)
An order under subsection (1) or (3) may make—
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(a)
transitional, consequential, incidental and supplemental provision, or
savings;
(b)
different provision for different purposes.
(6)
Where a provision of this Act comes into force otherwise than under subsection
(1) or (3), the Secretary of State may by order make any transitional,
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consequential, incidental or supplemental provision, or savings, that he
considers necessary or expedient in relation to the coming into force of that
provision.
(7)
An order under subsection (6) may make different provision for different
purposes.
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(8)
An order under this section is to be made by statutory instrument.
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Money
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State under this Act;
(b)
any increase attributable to this Act in the sums payable out of money so
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provided under any other Act.
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Extent
(1)
This Act extends to England and Wales only, subject as follows.
(2)
An amendment in Schedule 2 has the same extent as the provision amended.

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(3)
The repeal in Part 8 of Schedule 5 has the same extent as the provision repealed.
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Short title
This Act may be cited as the Clean Neighbourhoods and Environment Act
2005.