Pollution Prevention and Control Bill [H.L.]

House of Lords

Session 1998-99
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Pollution Prevention and Control Bill [H.L.]

A
B I L L
[AS AMENDED IN COMMITTEE]
TO
Make provision for a new system of pollution prevention and control; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Regulation of polluting activities.     1. - (1) The Secretary of State may by regulations make provision-

(a) for or in connection with regulating activities which are capable of causing any environmental pollution; or

(b) otherwise for or in connection with the prevention or control of any such pollution.

    (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.

    (3) In subsection (1) and Schedule 1-

"activities" means activities of any nature, whether-

(a) industrial or commercial or other activities, or

(b) carried on on particular premises or otherwise,

and includes (with or without other activities) the depositing, keeping or disposal of any substance;

"environmental pollution" means pollution of the air, water or land; and for the purposes of this definition (but without prejudice to its generality)-

(a) "pollution" includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and

(b) "air" includes air within buildings and air within other natural or man-made structures above or below ground.

    (4) Regulations under this section may-

(a) make provision-

(i) for anything that could be provided for by the regulations to be determined under the regulations, and

(ii) for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be so provided;

(b) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and

(c) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.

    (5) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Application to Wales and Scotland.     2. - (1) Subsection (2) applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not-

(a) provision about functions under this Act; or

(b) provision in connection with such provision.

    (2) An Order in Council to which this subsection applies-

(a) shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

    (3) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.

Consequential amendments and repeals.     3. - (1) The consequential amendments specified in Schedule 2 shall have effect.

    (2) The enactments specified in Schedule 3 are repealed to the extent specified.

Short title, interpretation, commencement and extent.     4. - (1) This Act may be cited as the Pollution Prevention and Control Act 1999.

    (2) In this Act-

"enactment" includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

"modifications" includes additions, alterations and omissions and "modify" shall be construed accordingly.

    (3) Section 3 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.

    (4) An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.

    (5) This section and section 2 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.

    (6) The amendment by this Act of any enactment extending to Northern Ireland also extends there.

    (7) The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the Environmental Protection Act 1990, also extends there.

    (8) Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.

    (9) Regulations and orders under this Act may make provision applying in relation to (and to places above and below)-

(a) the territorial waters adjacent to any part of the United Kingdom,

(b) the sea in any designated area within the meaning of the Continental Shelf Act 1964, and

(c) the sea in any area specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982.

© Parliamentary copyright 1999
Prepared 16 February 1999

Pollution Prevention and Control Bill [H.L.]

	A B I L L [AS AMENDED IN COMMITTEE] TO Make provision for a new system of pollution prevention and control; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
Regulation of polluting activities.	1. - (1) The Secretary of State may by regulations make provision-
	(a) for or in connection with regulating activities which are capable of causing any environmental pollution; or
	(b) otherwise for or in connection with the prevention or control of any such pollution.
	(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for any of the purposes listed in Part I of Schedule 1; and Part II of that Schedule has effect for supplementing Part I.
	(3) In subsection (1) and Schedule 1-
	"activities" means activities of any nature, whether-
	(a) industrial or commercial or other activities, or
	(b) carried on on particular premises or otherwise,
	and includes (with or without other activities) the depositing, keeping or disposal of any substance;
	"environmental pollution" means pollution of the air, water or land; and for the purposes of this definition (but without prejudice to its generality)-
	(a) "pollution" includes pollution caused by noise, heat or vibrations or any other kind of release of energy, and
	(b) "air" includes air within buildings and air within other natural or man-made structures above or below ground.
	(4) Regulations under this section may-
	(a) make provision-
	(i) for anything that could be provided for by the regulations to be determined under the regulations, and
	(ii) for anything falling to be so determined to be determined by such persons, in accordance with such procedure and by reference to such matters and to the opinion of such persons, as may be so provided;
	(b) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and
	(c) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
	(5) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Application to Wales and Scotland.	2. - (1) Subsection (2) applies to an Order in Council under section 22 of the Government of Wales Act 1998 (transfer of Ministerial functions) if the Order in Council contains a statement that it makes no provision which is not-
	(a) provision about functions under this Act; or
	(b) provision in connection with such provision.
	(2) An Order in Council to which this subsection applies-
	(a) shall not be subject to subsection (4)(a) of that section (affirmative resolution of both Houses of Parliament); but
	(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	(3) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment within the meaning of that Act.
Consequential amendments and repeals.	3. - (1) The consequential amendments specified in Schedule 2 shall have effect.
	(2) The enactments specified in Schedule 3 are repealed to the extent specified.
Short title, interpretation, commencement and extent.	4. - (1) This Act may be cited as the Pollution Prevention and Control Act 1999.
	(2) In this Act-
	"enactment" includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;
	"modifications" includes additions, alterations and omissions and "modify" shall be construed accordingly.
	(3) Section 3 and Schedules 2 and 3 shall not come into force until such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
	(4) An order under subsection (3) may contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions modifying enactments) as the Secretary of State considers appropriate.
	(5) This section and section 2 extend to Northern Ireland but, subject to subsections (6) to (8), the other provisions of this Act do not extend there.
	(6) The amendment by this Act of any enactment extending to Northern Ireland also extends there.
	(7) The repeal by this Act of any enactment extending to Northern Ireland, except section 3(5) to (7) of the Environmental Protection Act 1990, also extends there.
	(8) Where an enactment extending to Northern Ireland is amended or repealed by any regulations or order under this Act, the regulations or order may provide for the amendment or repeal to extend to Northern Ireland.
	(9) Regulations and orders under this Act may make provision applying in relation to (and to places above and below)-
	(a) the territorial waters adjacent to any part of the United Kingdom,
	(b) the sea in any designated area within the meaning of the Continental Shelf Act 1964, and
	(c) the sea in any area specified under section 22(5) of the Oil and Gas (Enterprise) Act 1982.