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 ON REPORT]
TO
Make provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution; 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:-

General purpose and definitions.     1. - (1) The purpose of section 2 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;

"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).

Regulation of polluting activities.     2. - (1) The Secretary of State may by regulations 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.

    (2) In accordance with subsection (1) of section 1, 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.

    (3) Regulations under this section may-

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

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

    (4) 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, agriculture and small businesses respectively as he may consider appropriate; and

(d) such other bodies or persons as he may consider appropriate.

    (5) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.

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

    (7) 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.

    (8) 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.

    (9) Subsection (8) 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.

Application to Wales and Scotland.     3. - (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.     4. - (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.     5. - (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 4 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 3 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 14 May 1999

Pollution Prevention and Control Bill [H.L.]

	A B I L L [AS AMENDED ON REPORT] TO Make provision for implementing Council Directive 96/61/EC and for otherwise preventing and controlling pollution; 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:-
General purpose and definitions.	1. - (1) The purpose of section 2 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;
	"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).
Regulation of polluting activities.	2. - (1) The Secretary of State may by regulations 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.
	(2) In accordance with subsection (1) of section 1, 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.
	(3) Regulations under this section may-
	(a) contain such consequential, incidental, supplementary, transitional or saving provisions (including provisions amending, repealing or revoking enactments) as the Secretary of State considers appropriate; and
	(b) make different provision for different cases, including different provision in relation to different persons, circumstances, areas or localities.
	(4) 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, agriculture and small businesses respectively as he may consider appropriate; and
	(d) such other bodies or persons as he may consider appropriate.
	(5) Consultation undertaken before the passing of this Act shall constitute as effective compliance with subsection (4) as if undertaken after that passing.
	(6) The power to make regulations under this section shall be exercised by statutory instrument.
	(7) 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.
	(8) 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.
	(9) Subsection (8) 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.
Application to Wales and Scotland.	3. - (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.	4. - (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.	5. - (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 4 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 3 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.