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

House of Lords

Session 1998-99
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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 on Report in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Before Clause 1

BY THE LORD WHITTY

1      Insert the following new Clause--

       14     (" .--(1) The purpose of section 1 is to enable provision to be made for or in connection with--
(a)  implementing Council Directive 96/61/EC concerning integrated pollution prevention and control;

(b)  regulating, otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution;

(c)  otherwise preventing or controlling emissions capable of causing any such pollution.
    (2)  In this Act--
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;
General purpose and definitions.

environmental pollution" means pollution of the air, water or land which may give rise to any harm; 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.
    (3)  In the definition of "environmental pollution" in subsection (2), "harm" means--
(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 JENKIN OF RODING
[As an amendment to amendment 1]

2      Line 14, at end insert (", or
(c)  carried on on-shore, or off-shore on the United Kingdom continental shelf,")

Clause 1

BY THE LORD WHITTY

3      Page 1, line 8, leave out subsections (2) to (4) and insert--

    ("(  )  In accordance with subsection (1) of section (General purpose and definitions), the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.")

BY THE LORD PEARSON OF RANNOCH

4*      Page 2, line 10, 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 DIXON-SMITH

5      Page 2, line 26, after ("industry") insert (", agriculture")

BY THE LORD PEARSON OF RANNOCH

6*      Page 2, line 34, leave out from ("section") to end of line 6 on page 3 and insert ("shall be laid in draft before, and subject to approval by a resolution of, each House of Parliament.")

After Clause 3

BY THE LORD PEARSON OF RANNOCH

7      Insert the following new Clause--

    ("  . This Act shall not come into force until a Minister of the Crown has laid before each House of Parliament a report setting out the legal basis on which Council Directive 96/61/EC was agreed to, and that report has been approved by resolution of each House.") Commencement.

Clause 4

BY THE LORD PEARSON OF RANNOCH

8      Page 3, line 32, after ("day") insert ("after the provisions of section (Commencement) are satisfied")

Schedule 1

BY THE LORD PEARSON OF RANNOCH

9*      Page 7, line 23, leave out paragraphs 17 and 18

10*      Page 8, line 31, leave out paragraph 25

In the Title

BY THE LORD WHITTY

11      Line 1, leave out from ("for") to ("and") in line 2 and insert ("implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution;")

© Parliamentary copyright 1999
Prepared 13 May 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Before Clause 1
	BY THE LORD WHITTY
1	Insert the following new Clause--
14	(" .--(1) The purpose of section 1 is to enable provision to be made for or in connection with-- (a) implementing Council Directive 96/61/EC concerning integrated pollution prevention and control; (b) regulating, otherwise than in pursuance of that Directive, activities which are capable of causing any environmental pollution; (c) otherwise preventing or controlling emissions capable of causing any such pollution. (2) In this Act-- 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;	General purpose and definitions.
	environmental pollution" means pollution of the air, water or land which may give rise to any harm; 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. (3) In the definition of "environmental pollution" in subsection (2), "harm" means-- (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 JENKIN OF RODING [As an amendment to amendment 1]
2	Line 14, at end insert (", or (c) carried on on-shore, or off-shore on the United Kingdom continental shelf,")
	Clause 1
	BY THE LORD WHITTY
3	Page 1, line 8, leave out subsections (2) to (4) and insert-- ("( ) In accordance with subsection (1) of section (General purpose and definitions), the provision which may be made by regulations under this section is provision for or in connection with any of the matters mentioned in paragraphs (a) to (c) of that subsection.")
	BY THE LORD PEARSON OF RANNOCH
4*	Page 2, line 10, 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 DIXON-SMITH
5	Page 2, line 26, after ("industry") insert (", agriculture")
	BY THE LORD PEARSON OF RANNOCH
6*	Page 2, line 34, leave out from ("section") to end of line 6 on page 3 and insert ("shall be laid in draft before, and subject to approval by a resolution of, each House of Parliament.")
	After Clause 3
	BY THE LORD PEARSON OF RANNOCH
7	Insert the following new Clause--
	(" . This Act shall not come into force until a Minister of the Crown has laid before each House of Parliament a report setting out the legal basis on which Council Directive 96/61/EC was agreed to, and that report has been approved by resolution of each House.")	Commencement.
	Clause 4
	BY THE LORD PEARSON OF RANNOCH
8	Page 3, line 32, after ("day") insert ("after the provisions of section (Commencement) are satisfied")
	Schedule 1
	BY THE LORD PEARSON OF RANNOCH
9*	Page 7, line 23, leave out paragraphs 17 and 18
10*	Page 8, line 31, leave out paragraph 25
	In the Title
	BY THE LORD WHITTY
11	Line 1, leave out from ("for") to ("and") in line 2 and insert ("implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution;")