House of Lords Amendments - Pollution Prevention and Control Bill [H.L.]

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Amendments to the Pollution Prevention and Control Bill [H.L.]

Pollution Prevention and Control Bill [H.L.] -
Amendments to be debated in the House of Lords
Here you can browse the Marshalled List of Amendments to the Pollution Prevention and Control Bill [H.L.] to be moved in Committee (on Re-Commitment) in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 14th April 1999, as follows--

Clause 1
Schedule 1
Clauses 2 and 3
Schedules 2 and 3
Clause 4

[Amendments marked * are new or have been altered]

Amendment
No.

Before Clause 1

BY THE LORD DIXON-SMITH
THE LORD RENTON
THE LORD JENKIN OF RODING

1      Insert the following new Clause--

    ("  .  The purpose of this Act is to create a single Integrated Pollution Prevention and Control system which strengthens the system introduced under sections 1 to 28 of the Environmental Protection Act 1990 and includes the system of Integrated Pollution Prevention and Control in accordance with European Community Directive 96/61.") Purpose of Act.

BY THE LORD JENKIN OF RODING

2*      Insert the following new Clause--

    ("  .  Regulations under this Act may provide for emission controls on offshore power generation plant with a total thermally rated input above 50MWs.") Controls on offshore power generation plant.

Clause 1

BY THE LORD WHITTY

3      Page 1, line 5, leave out from ("make") to ("provision") in line 11

4      Page 1, line 12, at end insert--

    ("(2A)  The powers of the Secretary of State under subsection (1) shall be exercisable--
(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 emissions capable of causing any such pollution.")

5      Page 1, line 13, leave out ("(1)") and insert ("(2A)")

6      Page 1, line 19, after ("land") insert ("which may give rise to any harm")

7      Page 1, line 25, at end insert--

    ("(  )  In the definition of "environmental pollution" in subsection (3), "harm" means--

     4 (a)  harm to the health of human beings or other living organisms;

(b)  harm to the quality of the environment, including--

    (i)  harm to the quality of the environment taken as a whole,

    (ii)  harm to the quality of the air, water or land, and

    (iii)  other impairment of, or interference with, the ecological systems of which any living organisms form part;

(c)  offence to the senses of human beings;

(d)  damage to property; or

(e)  impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Council Directive 96/61/EC).")

BY THE LORD DIXON-SMITH
THE LORD JENKIN OF RODING
[As an amendment to amendment 7]

8      Leave out line 4

BY THE LORD JENKIN OF RODING

9*      Page 1, line 25, at end insert--

    ("(  )  Regulations under this section shall require individuals or bodies responsible for carrying out such activities as are referred to in the regulations to employ the best available techniques not entailing excessive cost (in this clause referred to as "BATNEEC") to be used for minimising the pollution which may be caused to the environment as a whole by those activities:

    Provided that--
(a)  regulations under this section may specify circumstances where a more or less restrictive regime than BATNEEC may be required either to comply with European or other international obligations, or on account of other circumstances;

(b)  where regulations are made pursuant to paragraph (a) above, they shall be accompanied by a statement explaining why such a more or less restrictive regime should be applied; and

(c)  if the regime to be employed is more restrictive than BATNEEC, the regulations embodying that regime shall not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.")

BY THE LORD WHITTY

10      Page 1, line 27, leave out from beginning to end of line 4 on page 2

11      Page 2, line 11, at end insert--

    ("(4A)  Before making any regulations under this section, the Secretary of State shall consult--
(a)  the Environment Agency if the regulations are to apply in relation to England or Wales;

(b)  the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland;

(c)  such bodies or persons appearing to him to be representative of the interests of local government, industry and small businesses respectively as he may consider appropriate; and

(d)  such other bodies or persons as he may consider appropriate.
    (4B)  Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4A) as if undertaken after that passing.")

12      Page 2, line 12, leave out subsection (5) and insert--

    ("(5)  The power to make regulations under this section shall be exercised by statutory instrument.

    (5A)  A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House.

    (5B)  No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

    (5C)  Subsection (5B) applies to--
(a)  the first regulations to be made under this section which apply in relation to England;

(b)  the first regulations to be made under this section which apply in relation to Wales;

(c)  the first regulations to be made under this section which apply in relation to Scotland;

(d)  regulations under this section which create an offence or increase a penalty for an existing offence;

(e)  regulations under this section which amend or repeal any provision of an Act.")

Schedule 1

BY THE LORD WHITTY

13      Page 4, line 43, leave out ("and, in particular, securing") and insert--

    ("(  )  Authorising permits to be granted subject to conditions imposed by regulators.

    (  )  Securing")

14      Page 5, line 6, leave out ("Restricting") and insert ("Regulating")

15      Page 5, line 39, leave out ("(subject to any") and insert ("(but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other")

16      Page 6, line 6, at end insert--

    ("(  )  Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.") 1995 c. 25.

17      Page 6, line 32, after ("for") insert ("(or for the determination of)")

18      Page 7, line 5, at end insert--

("Determination of matters by regulators

    .  The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.")

Schedule 3

BY THE LORD RENTON

19*      Page 10, line 11, column 3, leave out ("Sections 1 to 28")

In the Title

BY THE LORD DIXON-SMITH
THE LORD RENTON
THE LORD JENKIN OF RODING

20      Line 1, leave out from ("make) to ("; and") in line 2 and insert ("further provision for the prevention and control of pollution and to implement European Community Directive 96/61 on Integrated Pollution Prevention and Control")

© Parliamentary copyright 1999
Prepared 16 April 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Before Clause 1
	BY THE LORD DIXON-SMITH THE LORD RENTON THE LORD JENKIN OF RODING
1	Insert the following new Clause--
	(" . The purpose of this Act is to create a single Integrated Pollution Prevention and Control system which strengthens the system introduced under sections 1 to 28 of the Environmental Protection Act 1990 and includes the system of Integrated Pollution Prevention and Control in accordance with European Community Directive 96/61.")	Purpose of Act.
	BY THE LORD JENKIN OF RODING
2*	Insert the following new Clause--
	(" . Regulations under this Act may provide for emission controls on offshore power generation plant with a total thermally rated input above 50MWs.")	Controls on offshore power generation plant.
	Clause 1
	BY THE LORD WHITTY
3	Page 1, line 5, leave out from ("make") to ("provision") in line 11
4	Page 1, line 12, at end insert-- ("(2A) The powers of the Secretary of State under subsection (1) shall be exercisable-- (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 emissions capable of causing any such pollution.")
5	Page 1, line 13, leave out ("(1)") and insert ("(2A)")
6	Page 1, line 19, after ("land") insert ("which may give rise to any harm")
7	Page 1, line 25, at end insert-- ("( ) In the definition of "environmental pollution" in subsection (3), "harm" means--
4	(a) harm to the health of human beings or other living organisms;
	(b) harm to the quality of the environment, including-- (i) harm to the quality of the environment taken as a whole, (ii) harm to the quality of the air, water or land, and (iii) other impairment of, or interference with, the ecological systems of which any living organisms form part; (c) offence to the senses of human beings; (d) damage to property; or (e) impairment of, or interference with, amenities or other legitimate uses of the environment (expressions used in this paragraph having the same meaning as in Council Directive 96/61/EC).")
	BY THE LORD DIXON-SMITH THE LORD JENKIN OF RODING [As an amendment to amendment 7]
8	Leave out line 4
	BY THE LORD JENKIN OF RODING
9*	Page 1, line 25, at end insert-- ("( ) Regulations under this section shall require individuals or bodies responsible for carrying out such activities as are referred to in the regulations to employ the best available techniques not entailing excessive cost (in this clause referred to as "BATNEEC") to be used for minimising the pollution which may be caused to the environment as a whole by those activities: Provided that-- (a) regulations under this section may specify circumstances where a more or less restrictive regime than BATNEEC may be required either to comply with European or other international obligations, or on account of other circumstances; (b) where regulations are made pursuant to paragraph (a) above, they shall be accompanied by a statement explaining why such a more or less restrictive regime should be applied; and (c) if the regime to be employed is more restrictive than BATNEEC, the regulations embodying that regime shall not be made unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.")
	BY THE LORD WHITTY
10	Page 1, line 27, leave out from beginning to end of line 4 on page 2
11	Page 2, line 11, at end insert-- ("(4A) Before making any regulations under this section, the Secretary of State shall consult-- (a) the Environment Agency if the regulations are to apply in relation to England or Wales; (b) the Scottish Environment Protection Agency if the regulations are to apply in relation to Scotland; (c) such bodies or persons appearing to him to be representative of the interests of local government, industry and small businesses respectively as he may consider appropriate; and (d) such other bodies or persons as he may consider appropriate. (4B) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4A) as if undertaken after that passing.")
12	Page 2, line 12, leave out subsection (5) and insert-- ("(5) The power to make regulations under this section shall be exercised by statutory instrument. (5A) A statutory instrument containing regulations under this section, if made without a draft having been laid before, and approved by a resolution of, each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House. (5B) No regulations to which this subsection applies shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament. (5C) Subsection (5B) applies to-- (a) the first regulations to be made under this section which apply in relation to England; (b) the first regulations to be made under this section which apply in relation to Wales; (c) the first regulations to be made under this section which apply in relation to Scotland; (d) regulations under this section which create an offence or increase a penalty for an existing offence; (e) regulations under this section which amend or repeal any provision of an Act.")
	Schedule 1
	BY THE LORD WHITTY
13	Page 4, line 43, leave out ("and, in particular, securing") and insert-- ("( ) Authorising permits to be granted subject to conditions imposed by regulators. ( ) Securing")
14	Page 5, line 6, leave out ("Restricting") and insert ("Regulating")
15	Page 5, line 39, leave out ("(subject to any") and insert ("(but excepting information which under the regulations is, or is determined to be, commercially confidential and subject to any other")
16	Page 6, line 6, at end insert--
	("( ) Authorising regulators to appoint suitable persons to exercise any such functions and conferring powers (such as those specified in section 108(4) of the Environment Act 1995) on persons so appointed.")	1995 c. 25.
17	Page 6, line 32, after ("for") insert ("(or for the determination of)")
18	Page 7, line 5, at end insert--
	("Determination of matters by regulators
	. The regulations may make provision for anything which, by virtue of paragraphs 5 to 8, could be provided for by the regulations to be determined under the regulations by regulators.")
	Schedule 3
	BY THE LORD RENTON
19*	Page 10, line 11, column 3, leave out ("Sections 1 to 28")
	In the Title
	BY THE LORD DIXON-SMITH THE LORD RENTON THE LORD JENKIN OF RODING
20	Line 1, leave out from ("make) to ("; and") in line 2 and insert ("further provision for the prevention and control of pollution and to implement European Community Directive 96/61 on Integrated Pollution Prevention and Control")