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| Tuesday 22nd January 2008 |
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| [ninth and tenth Sittings]
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| Clause 13, page 7, line 9, leave out ‘storage of gas’ and insert ‘gas storage |
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| Clause 13, page 7, line 9, at end insert— |
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| | ‘(ca) | the construction or alteration of an LNG facility; |
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| | (cb) | the construction or alteration of a gas reception facility;’. |
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| Clause 13, page 7, line 11, leave out ‘the construction of a highway’ and insert |
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| ‘highway-related development’. |
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| Clause 13, page 7, line 12, leave out ‘extension’ and insert ‘alteration’. |
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| Clause 13, page 7, line 13, leave out ‘extension’ and insert ‘alteration’. |
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| Clause 13, page 7, line 15, after ‘construction’ insert ‘or alteration’. |
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| Clause 13, page 7, line 16, leave out ‘extension’ and insert ‘alteration’. |
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| Clause 13, page 7, line 18, after ‘construction’ insert ‘or alteration’. |
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| Clause 13, page 7, line 19, leave out paragraph (m). |
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| Clause 13, page 7, line 19, after ‘construction’ insert ‘or alteration’. |
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| Clause 13, page 7, line 21, leave out subsections (3) to (5). |
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| Clause 13, page 7, line 28, after ‘if’ insert ‘— (a)’. |
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| Clause 13, page 7, line 29, leave out ‘England in the field of—’ and insert ‘one or |
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| more of the fields specified in subsection (6), and |
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| | (b) | the works are to be carried out wholly in one or more of the areas |
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| | specified in subsection (7). |
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| Clause 13, page 7, line 33, leave out ‘or’. |
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| Clause 13, page 7, line 34, at end add— |
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| | (b) | waters adjacent to England up to the seaward limits of the territorial sea; |
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| | (c) | in the case of a project for the carrying out of works in the field of energy, |
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| | a Renewable Energy Zone, except any part of a Renewable Energy Zone |
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| | in relation to which the Scottish Ministers have functions.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 14, page 7, line 38, leave out ‘will’ and insert ‘is expected to’. |
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| Clause 14, page 8, line 1, leave out ‘or Wales’. |
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| Clause 14, page 8, line 3, leave out ‘50’ and insert ‘100’. |
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| Clause 14, page 8, line 3, at end insert ‘installed capacity’. |
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| Clause 14, page 8, line 8, leave out ‘or Wales’. |
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| Clause 14, page 8, line 8, leave out ‘between the mean low water mark and’ and |
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| Clause 14, page 8, line 11, at end add— |
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| | ‘(5) | The Secretary of State shall annually undertake a review of the threshold |
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| | specified in subsection (2)(c) and publish a report.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 15, page 8, line 23, leave out ‘not exceeding’ and insert ‘that is not expected |
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| Clause 15, page 8, line 23, leave out ‘used or’. |
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| Clause 15, page 8, line 25, leave out ‘the line is or (when installed)’ and insert |
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| ‘(when installed) the line’. |
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| | Clause, as amended, Agreed to. |
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| Clause 16, page 8, line 30, leave out ‘storage of gas’ and insert ‘gas storage |
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| Clause 16, page 8, line 31, leave out ‘or (3)’ and insert ‘, (3) or (3B)’. |
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| Clause 16, page 8, line 33, leave out ‘facilities for the underground storage of gas’ |
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| and insert ‘underground gas storage facilities’. |
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| Clause 16, page 8, line 35, leave out from ‘use’ to end and insert ‘underground gas |
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| storage facilities in England, |
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| | | and the condition in subsection (3A) is met in relation to the facilities.’. |
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| Clause 16, page 8, line 37, leave out from ‘use’ to end of line 38 and insert |
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| ‘underground gas storage facilities in Wales, |
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| | (aa) | the facilities are facilities for the storage of gas underground in natural |
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| Clause 16, page 8, line 39, after ‘transporter’ insert ‘, and |
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| | (c) | the condition in subsection (3A) is met in relation to the facilities.’. |
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| Clause 16, page 8, line 39, at end insert— |
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| | ‘(3A) | The condition is that— |
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| | (a) | the working capacity of the facilities is expected to be at least 43 million |
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| | standard cubic metres, or |
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| | (b) | the maximum flow rate of the facilities is expected to be at least 4.5 |
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| | million standard cubic metres per day. |
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| | (3B) | Development is within this subsection if— |
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| | (a) | it is the carrying out of operations for the purpose of altering underground |
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| | gas storage facilities in England, and |
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| | (b) | the effect of the alteration is expected to be— |
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| | (i) | to increase by at least 43 million standard cubic metres the |
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| | working capacity of the facilities, or |
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| | (ii) | to increase by at least 4.5 million standard cubic metres per day |
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| | the maximum flow rate of the facilities. |
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| | (3C) | “Underground gas storage facilities” means facilities for the storage of gas |
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| | underground in cavities or in porous strata. |
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| | “gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see |
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| | section 7(1) of that Act); |
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| | “maximum flow rate”, in relation to underground gas storage facilities, |
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| | means the maximum rate at which gas is able to flow out of the facilities, |
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| | (a) | the facilities are filled to maximum capacity, and |
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| | (b) | the rate is measured after any processing of gas required on its |
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| | “working capacity”, in relation to underground gas storage facilities, means |
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| | the capacity of the facilities for storage of gas underground, ignoring any |
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| | capacity for storage of cushion gas. |
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| | (3E) | In subsection (3D) “cushion gas” means gas which is kept in underground gas |
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| | storage facilities for the purpose of enabling other gas stored there to be recovered |
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| Clause 16, page 8, line 40, leave out subsection (4). |
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| | Clause, as amended, Agreed to. |
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| Clause 17, page 9, line 2, leave out ‘the pipe-line is or (when constructed) will’ and |
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| insert ‘(when constructed) the pipe-line is expected to’. |
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| Clause 17, page 9, line 24, leave out subsection (5) and insert— |
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| | ‘(5) | For the purposes of subsection (4), a pipe-line is a nationally significant pipe-line |
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| | (a) | development consent is required, and has been granted, for its |
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| | (b) | its construction has been authorised by a pipe-line construction |
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| | authorisation under section 1(1) of the Pipe-lines Act 1962.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 18, page 9, leave out line 43. |
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| Page 9, line 35, leave out Clause 18. |
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| Clause 19, page 10, line 8, leave out from ‘England’ to end of line 20 and insert ‘or |
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| | (b) | is expected to be capable of providing services which meet the |
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| | requirements of subsection (2). |
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| | (2) | Services meet the requirements of this subsection if they are— |
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| | (a) | air passenger transport services for at least 10 million passengers per |
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| | (b) | air cargo transport services for at least 10,000 air transport movements of |
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| | (3) | An alteration of an airport is within section 13(1)(f) only if— |
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| | (a) | the airport is in England or in English waters, and |
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| | (b) | the alteration is expected to have the effect specified in subsection (4). |
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| | (a) | to increase by at least 10 million per year the number of passengers for |
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| | whom the airport is capable of providing air passenger transport services, |
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| | (b) | to increase by at least 10,000 per year the number of air transport |
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| | movements of cargo aircraft for which the airport is capable of providing |
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| | air cargo transport services. |
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| | (5) | “Alteration”, in relation to an airport, includes the construction, extension or |
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| | (a) | a runway at the airport, |
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| | (b) | a building at the airport, or |
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| | (c) | a radar or radio mast, antenna or other apparatus at the airport. |
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| | “air cargo transport services” means services for the carriage by air of cargo; |
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| | “air passenger transport services” means services for the carriage by air of |
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| | “air transport movement” means a landing or take-off of an aircraft; |
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| | “cargo aircraft” means an aircraft which is— |
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| | (c) | designed to transport cargo but not passengers, and |
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| | (d) | engaged in the transport of cargo on commercial terms; |
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| | “English waters” means waters adjacent to England up to the seaward limits |
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| | of the territorial sea.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 20, page 10, line 22, leave out ‘or extension’. |
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| Clause 20, page 10, line 23, leave out ‘the harbour facilities will (when constructed |
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| or extended)’ and insert ‘(when constructed) the harbour facilities— |
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| | ‘(a) | will be in England or Wales or in waters adjacent to England or Wales up |
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| | to the seaward limits of the territorial sea, and |
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| Clause 20, page 10, line 23, leave out ‘or extended’. |
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| Clause 20, page 10, line 25, at end insert— |
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| | ‘(1A) | The alteration of harbour facilities is within section 13(1)(g) only if— |
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| | (a) | the harbour facilities are in England or Wales or in waters adjacent to |
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| | England or Wales up to the seaward limits of the territorial sea, and |
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| | (b) | the effect of the alteration is expected to be to increase by at least the |
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| | relevant quantity per year the quantity of material the embarkation or |
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| | disembarkation of which the facilities are capable of handling.’. |
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| Clause 20, page 10, line 25, at end insert— |
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| | ‘(1A) | The extension of harbour facilities is within section 13(1)(g) only if the harbour |
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| | facilities will (when extended) be capable of handling the embarkation or |
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| | disembarkation of at least the relevant quantity of material per year in addition to |
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| | their existing capacity.’. |
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| Clause 20, page 10, line 27, leave out ‘500,000’ and insert ‘250,000’. |
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| Clause 20, page 10, line 28, leave out ‘250,000’ and insert ‘150,000’. |
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| Clause 20, page 10, line 30, at end insert— |
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| | ‘(d) | in the case of facilities for more than one of the types of ships mentioned |
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| | in paragraphs (a) to (c), an equivalent quantity of material. |
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| | (2A) | For the purposes of subsection (2)(d), facilities are capable of handling an |
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| | equivalent quantity of material if the sum of the relevant fractions is one or more. |
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| | (2B) | The relevant fractions are— |
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| | | (a) to the extent that the facilities are for container ships—
x ________ 500, 000
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