COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
TUESDAY 28 SEPTEMBER 2010,
ROOM 29, PARLIAMENT BUILDINGS
Present:
Mr Roy Beggs
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Willie Clarke
Mr John Dallat
Mr Patsy McGlone
Mr Alastair Ross
Mr Peter Weir
Mr Brian Wilson
In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)
Apologies:
Mr Danny Kinahan
The meeting began in public session at 12.48p.m.
1. Apologies
Apologies are listed above.
2. Waste and Contaminated Land Bill
Mr Beggs declared an interest as a landowner and his father owns land on which waste practices are carried out.
The Chairperson informed members that they had been provided with an Assembly Research paper on the burden of proof and with a copy of comments on the Bill form the Ulster Farmers’ Union (UFU).
Agreed: That the Assembly Research paper and UFU comments are incorporated into the Committee’s report on the Bill.
Mr Weir joined the meeting at 12.53p.m.
Mr Dallat joined the meeting at 12.53p.m.
Mr Ross joined the meeting at 12.55p.m.
The Chairperson informed members that they now needed to formally consider each clause of the Bill.
Agreed: That any clauses formally agreed today ‘as drafted’ are agreed subject to any consequential amendments arising from the substantive issues raised with the Department on other deferred clauses.
Clause 1 – fixed penalty notices for offences under Article 4
Mr Beggs left the meeting at 1.00p.m.
Agreed: That the Committee will defer a decision on the Clause until it has sight of the Departmental amendment to Clause 1 (9)(b) to increase the upper fine limit.
Clause 2 – detention of seized property
Agreed: That the Committee is content with the Clause as drafted.
Clause 3 – offence of failing to pay charge for subsistence of licence
Agreed: That the Committee is content with the Clause as drafted.
Clause 4 – powers to require removal of waste unlawfully deposited
Agreed: That the Committee is content with the Clause as drafted.
Clause 5 – Councils to enforce Articles 4 and 5 of 1997 Order
Agreed: That the Committee will defer a decision on the Clause until it has sight of the Departmental amendment to Article 5(7).
Mr Willie Clarke joined the meeting at 1.06p.m.
Clause 6 – Right of entry with heavy equipment or to domestic premises
Agreed: That the Committee is content with the Clause as drafted.
Clause 7 – Contaminated Land: pollution of waterways and underground strata
Agreed: That the Committee is content with the Clause as drafted.
Clause 8 – Appeals against remediation notices
Agreed: That the Committee will defer a decision on the Clause until it has sight of the Departmental amendment to introduce an enabling power for the introduction of a fee for an appeal.
Clause 9 - Interaction with other provisions
Agreed: That the Committee is content with the Clause as drafted.
Clause 10 – Producer responsibility obligation regulations
Agreed: That the Committee is content with the Clause as drafted.
Clause 11 – minor and consequential amendments and repeals
Agreed: That the Committee is content with the Clause as drafted.
Clause 12 – Commencement
Mr Dallat left the meeting at 1.22p.m.
Agreed: That the Committee is content with the Clause subject to a Committee recommendation that the specific clauses which relate to councils’ enhanced waste management powers will not be enacted until an agreed protocol defining the respective responsibilities of local authorities and the NIEA in relation to addressing illegally deposited waste is in place.
Clause 13 – Interpretation
Agreed: That the Committee is content with the Clause as drafted.
Clause 14 – Short title
Agreed: That the Committee is content with the Clause as drafted.
Mr Weir left the meeting at 1.25p.m.
Schedule 1 - amendments
Agreed: That the Committee is content with Schedule 1 subject to a Committee amendment to make the new power, 4A(10), and the existing powers, 5A(10), 22B(5), and 42B(10) to alter the amount of a fixed penalty, subject to draft affirmative procedure.
Schedule 2 - repeals
Agreed: That the Committee is content with Schedule 2 as drafted.
Long Title
Agreed: That the Committee is content with the Long Title as drafted.
The Chairperson reminded members that, at the meeting on 16 September, members agreed that an amendment should be made to the Bill to provide enabling powers for the Department to put in place targets for the quality of recycled material to be produced by councils.
Agreed: That a Committee amendment is prepared for agreement at a future Committee meeting.
3. Date, time and place of next meeting
The next meeting will be held on Thursday 30 September 2010 at 10.00a.m in Room 144, Parliament Buildings.
The Chairperson adjourned the meeting at 1.27p.m.
Cathal Boylan
Chairperson, Committee for the Environment
30 September 2010
23 September 10 / Menu
