|
| |
| | |
| | |
| |
| | Thursday 17th January 2008 |
|
| | |
| | New Amendments handed in are marked thus  |
|
| | Other Amendments not tabled within the required notice period are marked thus  |
|
| | |
| | |
| | | The Amendments have been arranged in accordance with the Order of the |
|
| | | Committee [8th January 2008]. |
|
| | |
| | |
| | |
| | | |
| | Clause 5, page 2, line 36, leave out ‘may’ and insert ‘must’. |
|
| | |
| | | |
| | Clause 5, page 2, line 38, after ‘State,’, insert— |
|
| | | ‘(aa) | has been approved by a resolution of the House of Commons,’. |
|
| | |
| | |
| | | |
| | Clause 5, page 2, line 39, leave out from ‘to’ to end of line 40 and insert— |
|
| | | ‘(i) | one or more specified descriptions of developments, or |
|
| | | (ii) | the natural environment.’. |
|
| | |
| | |
| | | |
| | Clause 5, page 2, line 40, leave out ‘development’ and insert ‘developments in the |
|
| | |
| | | |
| | | |
| | | |
|
| |
| | |
| | |
| |
| | | |
| | | |
| | |
| | | |
| | Clause 5, page 2, line 40, at end insert ‘, and |
|
| | | (c) | has been subject to Parliamentary consideration in accordance with |
|
| | | section [Parliamentary consideration of national policy statements], and |
|
| | | (d) | has been laid before, and approved by, a resolution of each House of |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 2, at end insert— |
|
| | | ‘(2A) | Before designating a statement as a national policy statement for the purposes of |
|
| | | this Act the Secretary of State must publish a process and timetable for the |
|
| | | production of that national policy statement.’. |
|
| | | Member’s explanatory statement
|
|
| | | To establish clear processes and a timetable in which the Secretary of State designates existing |
|
| | | documents as National Policy Statements. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 4, leave out from ‘an’ to end of line 5 and insert |
|
| | ‘environmental assessment in accordance with the Environmental Assessment of Plans |
|
| | and Programmes Directive 2001/42/EC and regulations implementing that Directive’. |
|
| | | Member’s explanatory statement
|
|
| | | The amendment replaces the requirement to carry out a sustainability appraisal with the carrying |
|
| | | out of a strategic environmental assessment under the 2001 Directive and its implementing |
|
| | | regulations, presently the Environmental Assessment of Plans and Programmes Regulations 2004. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 5, at end insert ‘, which must include flood risk.’. |
|
| | | Member’s explanatory statement
|
|
| | | This amendment is designed to ensure that flood risk is taken into consideration as part of the |
|
| | | sustainability appraisal of the policy set out in a national policy statement. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 5, at end insert ‘contained in an overarching national |
|
| | infrastructure policy framework tying together the national policy statements and creating |
|
| | a strategic framework for sustainable development and any cross national issue.’. |
|
| | | Member’s explanatory statement
|
|
| | | Amendment designed to ensure consistency between all National Policy Statements. |
|
| | |
| | |
| | | |
| | Clause 5, page 3, line 5, at end insert— |
|
| | | ‘(3A) | A statement may only be designated under this section if the Secretary of State is |
|
| | | satisfied that the policies in the statement have due regard to the mitigation of, and |
|
| | | adaptation to, climate change. |
|
| | | (3B) | A statement designated under this section must contain a statement that it is the |
|
| | | Secretary of State’s view that the requirement of subsection (3)(a) is satisfied.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 5, at end insert— |
|
| | | ‘(3A) | A statement may be designated as a national policy statement for the purposes of |
|
| | | this Act only if 4 months have elapsed since the proposals were sent to Parliament |
|
| | | and the Secretary of State has considered any report produced by any committee |
|
| | | of either House of Parliament on the proposals.’. |
|
| | | Member’s explanatory statement
|
|
| | | The amendment prevents a national policy statement from being designated unless the proposal |
|
| | | has been sent to Parliament and it has had an opportunity to report on the proposal. The Secretary |
|
| | | of State has to consider the report. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 8, at end insert— |
|
| | | ‘(4A) | The policy set out in a national policy statement may not— |
|
| | | (a) | identify any location or site as suitable (or potentially suitable) or |
|
| | | unsuitable for a specified description of development; |
|
| | | (b) | identify any individual statutory undertaker or undertakers as appropriate |
|
| | | persons to carry out a specified description of development.’. |
|
| | | Member’s explanatory statement
|
|
| | | The amendment prevents a national policy statement from identifying particular locations or sites |
|
|
| |
| | |
| | |
| |
| | | for development. It also prohibits the identification of a particular statutory undertakers to carry |
|
| | | out particular schemes (for example, a named nuclear energy company). Consequential |
|
| | | amendments are proposed to subsection (5). |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 16, leave out paragraph (d). |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 18, leave out paragraph (e). |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 22, at end insert— |
|
| | | ‘(g) | set out the flood risk of identified locations.’. |
|
| | | Member’s explanatory statement
|
|
| | | The national policy statements must include an assessment of flood risk if specific locations are |
|
| | | |
| | |
| | |
| | | |
| | Clause 5, page 3, line 29, at end add— |
|
| | | ‘(9) | The Secretary of State may issue a national policy statement under subsection (1) |
|
| | | of this section in respect of any nationally significant infrastructure project as |
|
| | | defined in sections 13(1) and (2).’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 6, page 3, line 31, at beginning insert— |
|
|
| |
| | |
| | |
| |
| | | ‘(A1) | The Secretary of State shall consider continuously whether each national policy |
|
| | | statement should be reviewed. |
|
| | | (A2) | The Secretary of State shall lay before Parliament and publish each year a report |
|
| | | on the national policy statements which have been designated and whether a |
|
| | | review is being carried out or will be carried out.’. |
|
| | | Member’s explanatory statement
|
|
| | | This amendment seeks to a provide a continuous review, as raised on Clause 10. |
|
| | |
| | |
| | | |
| | Clause 6, page 3, line 31, after ‘must’, insert ‘continuously’. |
|
| | |
| | |
| | | |
| | Clause 6, page 3, line 31, leave out from ‘statement’ to end of line 32 and insert |
|
| | ‘annually and publish a report’. |
|
| | |
| | |
| | | |
| | Clause 6, page 3, line 31, leave out from ‘statement’ to end of line 32. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 4, line 9, at end insert— |
|
| | | ‘(1A) | The Secretary of State shall provide for early public participation, when all |
|
| | | options are open and effective public participation can take place, within a |
|
| | | transparent and fair framework.’. |
|
| | | Member’s explanatory statement
|
|
| | | The amendment incorporates into the Bill obligations in the Aarhus Convention on Access to |
|
| | | Information, Public Participation in Decision-Making and Access to Justice in Environmental |
|
| | | Matters which apply to public participation concerning plans, programmes and policies relating |
|
| | | to the environment. The text is taken from Articles 6(4) and 7. |
|
| | |
| | | |
| | Clause 7, page 4, line 10, leave out first ‘such’. |
|
| | |
| | | |
| | Clause 7, page 4, line 10, leave out second ‘such’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Clause 7, page 4, line 11, leave out ‘as the Secretary of State thinks appropriate’. |
|
| | |
| | | |
| | Clause 7, page 4, line 13, leave out ‘subsections (4) and (5)’ and insert ‘subsection |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 4, line 13, leave out ‘subsections (4) and (5)’ and insert ‘the rest of |
|
| | |
| | | Member’s explanatory statement
|
|
| | | This amendment makes the Secretary of State’s discretion on consultation requirements subject to |
|
| | | the remainder of section 7 rather than particular subsections to accommodate additional |
|
| | | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 4, line 13, leave out ‘and (5)’ and insert ‘(4A), (4B) and (5)’. |
|
| | | Member’s explanatory statement
|
|
| | | This amendment imposes some minimum consultation requirements. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 4, line 13, at end insert— |
|
| | | ‘(2A) | The consultation period shall not be less than 12 weeks. |
|
| | | (2B) | The publicity arrangements shall include advertisement in one or more national |
|
| | | newspapers and the Gazette, placing the proposal and relevant supporting |
|
| | | material on the Secretary of State’s website and giving notice to Parliament.’. |
|
| | | Member’s explanatory statement
|
|
| | | The amendment provides for a minimum consultation period and a minimum level of publicity. |
|
| | |
| | | |
| | Clause 7, page 4, line 14, at end insert— |
|
| | | ‘(za) | options seriously entertained by the Secretary of State as contributing to |
|
| | | a draft or amended statement for the purposes of this Act.’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 4, line 19, at end insert— |
|
| | | ‘(4A) | If the national policy statement relates, in whole or part, to England the Secretary |
|
| | | of State shall consult Natural England, the Historic Buildings and Monuments |
|
| | | Commission for England, the Environment Agency and the Local Government |
|
| | | |
| | | (4B) | If the national policy statement relates, in whole or part, to Scotland, the Secretary |
|
| | | of State shall consult the Scottish Executive, the Scottish Environment Protection |
|
| | | Agency, Scottish Natural Heritage and the Convention of Scottish Local |
|
| | | |
| | | (4C) | If the national policy statement relates, in whole or part, to Wales, the Secretary |
|
| | | of State shall consult the Welsh Assembly Government, the Environment |
|
| | | Agency, the Countryside Council for Wales and the Welsh Local Government |
|
| | | |
| | | Member’s explanatory statement
|
|
| | | The amendment provides that the main environmental agencies and the devolved executives are |
|
| | | consulted on national policy statements. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Clause 7, page 4, line 19, at end insert— |
|
| | | ‘(4A) | The public shall have a minimum of 13 weeks from the publication of notice of |
|
| | | the Secretary of State’s intentions to make representations upon the proposal. |
|
| | | (4B) | The draft of the proposal shall be accompanied by an Environmental Report |
|
| | | under the Environmental Assessment of Plans and Programmes directive and, if |
|
| | | necessary, a draft Appropriate Assessment under the Habitats Directive.’ |
|
| | | Member’s explanatory statement
|
|
| | | See explanatory statement to amendment 244. |
|
| | |
| | | |
| | Clause 7, page 4, line 20, leave out subsection (5). |
|
| | |
| | |
| | | |
| | Clause 7, page 4, line 23, at end insert ‘which must include publicising the |
|
| | consultation in formats accessible to people with disabilities.’. |
|
|
