S.C.G.
Amendment Paper as at
Tuesday 25th January 2005
STANDING COMMITTEE G
CLEAN NEIGHBOURHOODS AND ENVIRONMENT BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [18th January].
Sue Doughty
Matthew Green
94
Clause 43, page 37, line 35, at end insert 'and its legal disposal'.
Sue Doughty
Matthew Green
115
Clause 43, page 38, line 20, at end insert—
'(4) The Secretary of State shall make regulations such that where an offence has been committed under section 33 of that Act and no order is made to provide compensation for clean up costs incurred following that offence, the landowner shall not be liable for the clean up costs provided that he took reasonable steps to prevent the offence.'.
Miss Anne McIntosh
Mr David Ruffley
64
Clause 45, page 40, line 31, leave out '£300' and insert '£750'.
Miss Anne McIntosh
Mr David Ruffley
20
Page 43, line 31, leave out Clause 47.
Sue Doughty
Matthew Green
95
Clause 48, page 44, leave out lines 42 to 45.
Sue Doughty
Matthew Green
96
Clause 48, page 44, leave out lines 46 to 48.
Miss Anne McIntosh
Mr David Ruffley
67
Clause 49, page 46, line 26, at end insert—
'(13) In this section reusing waste means any operation by which end of life products and equipment or its components are used for the same purpose for which they were conceived for a period of longer than 12 months.'.
Sue Doughty
Matthew Green
3
Clause 52, page 47, line 36, leave out from 'must' to end of line 37 and insert 'be used only for the purposes of its functions under section 34A above (including functions relating to the enforcement of offences under that section).'.
Sue Doughty
Matthew Green
7
Clause 52, page 48, line 3, leave out subsection (3).
Sue Doughty
Matthew Green
97
Clause 54, page 49, line 20, at end insert ';
(i) targets for diversion of site waste to landfill'.
Miss Anne McIntosh
Mr David Ruffley
107
Clause 55, page 50, line 13, leave out subparagraph (a).
Miss Anne McIntosh
Mr David Ruffley
100
Clause 55, page 50, line 19, at end add—
'( ) The appropriate person must consult with interested parties before an offence under subsection (3) is prescribed by regulation.'.
Matthew Green
Sue Doughty
110
Clause 55, page 50, line 27, at end insert—
'( ) Regulations under subsection (4) shall provide that no dog control order shall apply in respect of any working dog being used for the driving or tending of cattle or sheep.'.
Miss Anne McIntosh
Mr David Ruffley
101
Clause 56, page 31, line 10, at end add—
'( ) The appropriate person must consult with the appropriate parties before regulations are made prescribing the procedure to be followed by primary or secondary authorities for the making of dog control orders.'.
Miss Anne McIntosh
Mr David Ruffley
102
Clause 56, page 51, line 10, at end add—
'(c) the criteria which shall be applied to determine the necessity for the making of a dog control order in relation to any offence.'.
Miss Anne McIntosh
Mr David Ruffley
103
Clause 56, page 51, line 10, at end add—
'(d) The procedure to be established to enable an appeal to be made by the public against a dog control order being made.'.
Miss Anne McIntosh
Mr David Ruffley
109
Clause 60, page 53, line 21, from 'order' to 'is' in line 25.
Miss Anne McIntosh
Mr David Ruffley
108
Page 55, line 13, leave out Clause 65.
Sue Doughty
Matthew Green
18
Clause 68, page 56, line 4, leave out subsection (1).
Miss Anne McIntosh
Mr David Ruffley
21
Clause 68, page 56, line 12, at end add—
'(5) After subsection (1) of that section insert—
| "(1A) | Where a stray dog taken to a local authority is ill or injured, treatment should be sought by the appropriate local authority at the earliest possible time.".'. |
Miss Anne McIntosh
Mr David Ruffley
22
Clause 68, page 56, line 12, at end add—
'(6) After subsection (6) of that section insert—
| "(6A) | In this section a 'stray dog' is one which is unaccompanied by either owner or person responsible for it in a public place or any other place without the permission of the owner of the land or premises where it is found.".'. |
Miss Anne McIntosh
Mr David Ruffley
99
Clause 68, page 56, line 12, at end add—
'( ) It shall be the duty of the local authorities to provide a 24 hour dog warden service'.
Sue Doughty
Matthew Green
111
Clause 71, page 57, line 22, leave out 'a key-holder' and insert 'at least two key-holders'.
Sue Doughty
Matthew Green
112
Clause 71, page 57, line 25, leave out 'key-holder' and insert 'key-holders'.
Sue Doughty
Matthew Green
113
Clause 72, page 57, line 35, leave out 'a person' and insert 'at least two persons'.
Sue Doughty
Matthew Green
8
Clause 75, page 60, line 28, leave out subsection (3).
Sue Doughty
Matthew Green
114
Clause 77, page 61, line 32, leave out 'key-holder' and insert 'key-holders'.
Sue Doughty
Matthew Green
14
Clause 87, page 67, line 5, leave out subsection (1).
Sue Doughty
Matthew Green
16
Page 85, line 1, leave out Schedule 2.
Sue Doughty
Matthew Green
15
Clause 88, page 68, leave out line 4.
Sue Doughty
Matthew Green
17
Page 89, line 2, leave out Schedule 3.
Sue Doughty
Matthew Green
9
Clause 96, page 71, line 25, leave out subsection (5).
Miss Anne McIntosh
Mr David Ruffley
57
Clause 102, page 75, line 2, after 'premises', insert 'or streetlights on public roads or public rights of way'.
Miss Anne McIntosh
Mr David Ruffley
58
Clause 102, page 75, line 16, at end insert—
| '(j) | premises or apparatus used for the provision of electronic communication services.'. |
Miss Anne McIntosh
Mr David Ruffley
104
Clause 102, page 75, line 16, at end insert—
| '(k) | a playing field, playing pitch or other outdoor facility used wholly or mainly for sport.'. |
Miss Anne McIntosh
Mr David Ruffley
105
Clause 102, page 75, line 37, at end insert—
'"playing field", has the meaning given in Article 3 of the Town and Country Planning (General Development Procedure) (Amendment) Order 1996;
"playing pitch" means a delineated area which, together with any run-off area, is 0.4 hectares or more, and which is used for sport;'.
Miss Anne McIntosh
Mr David Ruffley
106
Clause 102, page 75, line 49, at end insert—
'"sport" is designated as any sporting activity which appears on the list maintained by the National Sports Councils of activities recognised by them, as applicable to Schedule 18 to the Finance Act 2002;'.
Miss Anne McIntosh
Mr David Ruffley
1
Clause 111, page 80, line 3, leave out 'Clean Neighbourhoods and' and insert 'Cleaner and Safer'.
NEW CLAUSES
Illegal deposit or disposal of waste (power of arrest)
Miss Anne McIntosh
Mr David Ruffley
NC1
To move the following Clause:—
'(1) In subsection 24(2) of the Police and Criminal Evidence Act 1984 (c. 60), at the end insert—
| "(w) | an offence under subsection 33(4A) of the Environmental Protection Act 1990 (c. 3)." |
(2) In section 33 of the Environmental Protection Act 1990 (c. 3), after subsection (4) insert—
"(4A) A person authorised by the Environment Agency to exercise the powers specified in section 108(4) of the Environment Act 1995 (c. 25) shall have like powers to those of a constable to arrest any person depositing or disposing of waste in contravention of subsection (1).".'.
