House of Commons portcullis
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

77

 

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—

5

“(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

10

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);

15

(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

20

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.

25

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”;

30

(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).

35

Part 10

General

106     

Minor and consequential amendments

Schedule 4 (minor and consequential amendments) has effect.

 
 

Clean Neighbourhoods and Environment Bill
Part 10 — General

78

 

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

5

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;

10

(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);

15

(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

20

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;

25

(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;

30

(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;

35

(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;

40

(b)   

section 32;

(c)   

sections 42 to 44;

(d)   

section 49 and paragraph 3 of Schedule 4;

(e)   

section 68 and Part 6 of Schedule 5;

(f)   

Part 8 above and Part 8 of Schedule 5;

45

 
 

Clean Neighbourhoods and Environment Bill
Part 10 — General

79

 

(g)   

in Part 1 of Schedule 5, the repeal to section 3 of the London Local

Authorities Act 2004 (c. i).

(h)   

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);

(i)   

in Part 3 of Schedule 5, the repeal to the London Local Authorities Act

5

1995 (c. x);

(j)   

in Part 7 of Schedule 5, the repeal to the London Local Authorities Act

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—

10

(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

London Local Authorities Act 2004 (c. i);

(b)   

section 18;

(c)   

section 27;

15

(d)   

section 33 and, in Part 3 of Schedule 5, the repeal to the London Local

Authorities Act 2004 (c. i);

(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

20

Environmental Protection Act 1990 (c. 43);

(g)   

section 41;

(h)   

section 54;

(i)   

section 83(2);

(j)   

section 105.

25

(5)   

An order under subsection (1) or (3) may make—

(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

30

(1) or (3), the Secretary of State may by order make any transitional,

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

35

purposes.

(8)   

An order under this section is to be made by statutory instrument.

109     

Money

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by the Secretary of State under this Act;

40

(b)   

any increase attributable to this Act in the sums payable out of money

so provided under any other Act.

110     

Extent

(1)   

This Act extends to England and Wales only, subject as follows.

 
 

Clean Neighbourhoods and Environment Bill
Part 10 — General

80

 

(2)   

An amendment in Schedule 2 has the same extent as the provision amended.

(3)   

The repeal in Part 8 of Schedule 5 has the same extent as the provision repealed.

111     

Short title

This Act may be cited as the Clean Neighbourhoods and Environment Act

2005.

5

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 2 February 2005