Waste and Contaminated Land (Amendment) Bill

Marshalled List of Amendments
Consideration Stage
Wednesday 15 December 2010

Amendments tabled up to 9.30am Friday, 10 December 2010

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Made]

Clause 1 , Page 2, Line 19

Leave out ‘£200’ and insert ‘£400’

Minister of the Environment

Amendment 2 [Made]

Clause 5 , Page 6, Line 37

Leave out ‘(but not regulations under Article 5 (7))’

Minister of the Environment

Amendment 3 [Made]

Clause 5 , Page 6, Line 41

Leave out ‘(but not regulations under Article 5(7))’

Minister of the Environment

Amendment 4 [Made]

Clause 5 , Page 6, Line 41

At end insert -

‘( ) In Article 5A of the 1997 Order (fixed penalty notices for certain offences under Article 5(8)) -

(a) in paragraph (1) for “the Department” (where it first occurs) substitute “an authorised officer of an enforcing authority” and for “to the Department” substitute “to the enforcing authority”;

(b) in paragraph (2) for “Department” substitute “authorised officer” and at the end add “to the enforcing authority”;

(c) in paragraph (9) for “the Department” substitute “an enforcing authority”;

(d) in paragraph (11) for “The Department may” substitute “An enforcing authority may” and for “by the Department” substitute “by the enforcing authority”;

(e) for paragraph (13) substitute -

“(12A) Article 22C (use of fixed penalty receipts by a district council) applies in relation to amounts received by a council under this Article as it applies in relation to amounts received under Article 22A.

(13) In this Article -

“authorised officer” means an officer of the enforcing authority who is authorised in writing by the enforcing authority for the purposes of this Article;

“enforcing authority” means -

(a) the Department; and

(b) in relation to an offence committed within its district, a district council.”.’

Minister of the Environment

Amendment 5 [Withdrawn]

New Clause

After clause 6 insert -

‘Quality of waste to be recycled

6A. After Article 26 of the 1997 Order insert -

“Quality of waste to be recycled

26A. The Department may by regulations provide that in carrying out their duties under Article 20, district councils must meet such requirements as may be prescribed, in relation to the nature and quality of waste which is to be recycled.”’

Mr Danny Kinahan

Amendment 6 [Made]

Clause 8 , Page 8, Line 38

At end insert -

‘( ) After paragraph (1) insert -

“(1A) Article 127(2)(b) of the Planning (Northern Ireland) Order 1991 (power to prescribe fees for appeals to the planning appeals commission under that Order) shall apply to appeals under this Article as it applies to appeals under that Order; and a notice of appeal to the planning appeals commission under this Article shall be accompanied by such fee (if any) as may be prescribed under Article 127(2)(b) of that Order.”.’

Minister of the Environment

Amendment 7 [Made]

Schedule 1 , Page 11, Line 7

At end insert -

‘4. In Article 82 -

(a) in paragraph (1) at the beginning insert “Except as provided by paragraph (1A),”; and

(b) after paragraph (1) insert -

“(1A) No order shall be made under Article 4A(10), 5A(10), 22B(5) or 42B(10) unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.’

Minister of the Environment