COMMITTEE FOR THE ENVIRONMENT
MINUTES OF PROCEEDINGS
TUESDAY 7 DECEMBER 2010,
ROOM 29, PARLIAMENT BUILDINGS

Present:
Mr Cathal Boylan (Chairperson)
Mr Thomas Buchanan
Mr Trevor Clarke
Mr Willie Clarke
Mr John Dallat
Mr Danny Kinahan
Mr Patsy McGlone

In Attendance:
Dr Alex McGarel (Assembly Clerk)
Mr Sean McCann (Assistant Clerk)
Mr Nathan McVeigh (Clerical Supervisor)
Ms Antoinette Bowen (Clerical Officer)

Apologies:
Mr George Savage
Mr Peter Weir

The meeting began in public session at 12.47p.m.

1. Apologies

Apologies are listed above.

2. Waste and Contaminated Land Bill

The Chairperson informed members they had been provided with a Departmental letter informing the Committee that the Minister had agreedto amend the power to change the amount of a fixed penalty notice in the Bill, and those in the existing 1997 Waste orders, to make them subject to draft affirmative procedure.

Agreed: That, in light of the Minister’s decision, the Committee will not table its amendment.

3. High Hedges Bill – formal clause by clause consideration

The Chairperson informed members that they now needed to formally consider each clause of the Bill.

Clause 1 - Complaints to which this Act applies

Agreed: That the Committee is content with the Clause as drafted.

Clause 2 - High hedge

Mr Kinahan joined the meeting at 12.59p.m.

The Chairperson asked members if they were content to agree the Clause subject to the Committee amendment to include single evergreen and semi-evergreen trees.

The Committee divided.

AYES	NOES
Mr Buchanan Mr Trevor Clarke Mr Ross Mr McGlone	Mr Boylan Mr Willie Clarke Mr Kinahan

Agreed: That the Committee is content with Clause 2 subject to the amendment proposed by the Committee to include single evergreen and semi-evergreen trees.

Mr Dallat joined the meeting at 1.17p.m.

Clause 3 - Procedure for dealing with complaints

Mr Dallat left the meeting at 1.30p.m.

Agreed: That the Committee is content with Clause 3 subject to the amendments proposed by the Committee to require councils to refund a fee to the complainant where a remedial notice is issued and to charge that fee to the hedge owner and to require the Department to put in place by regulation an upper limit on the level of fee a council can charge for a complaint against a high hedge to be made.

Mr Willie Clarke wished for it to be noted that he was not in favour of the Committee amendment.

Mr Ross left the meeting at 1.41p.m.

Clause 4 - Remedial notices

Agreed: That the Committee is content with the Clause as drafted.

Clause 5 - Withdrawal or relaxation of requirements of remedial notice

Agreed: That the Committee is content with the Clause as drafted.

Clause 6 - Appeals against remedial notices and other decisions of councils

There was discussion with the Departmental officials around the purpose of this Clause.

Mr Kinahan left the meeting at 1.50p.m.
Mr Ross rejoined the meeting at 1.51p.m.
Mr Willie Clarke left the meeting at 1.53p.m.

Agreed: That the Departmental officials attend the Committee meeting on 9 December to provide a full explanation of the clause and to conclude formal clause by clause consideration.

12. Date, time and place of next meeting

The next meeting will be held on Thursday 09 December 2010 at 10.30a.m in the Thackery Suite, Radisson Blu Roe Park Resort.

The Chairperson adjourned the meeting at 2.00p.m.

Cathal Boylan
Chairperson, Committee for the Environment
09 December 2010

2 December 10 / Menu