§ [Nos. 50–90.]
§ Clause 26, page 37, line 4, at end insert"; or
§ (c) any solid waste matter to enter a stream or restricted waters"
§ Clause 26, page 37,line 20, at end insert: "any prescribed enactment, or",
§ Clause 26, page 37,line 43, leave out "paragraph (e)"
§ Clause 26,page 38, line 12, after "(b)" insert "or (c)"
§ Clause 26,page 38,line 15, after "stream" insert "or restricted waters"
§ Clause 26,page 38,line 23, at end insert "or restricted waters"
§ page 39, line 7, leave out paragraph (b)
§ Clause 26,page 38,line 14, after second "of" insert "paragraph (a) or (b) of"
§ Clause 26,page 38,line 21, after "and" insert "a person guilty of an offence by virtue of paragraph (c) of that subsection shall be liable on summary conviction to a fine not exceeding £200.
§ Clause 26,page 38,line 23, leave out "this section" and insert "the preceding subsection".
§ Clause 28, page 42, line 17, at end insert—
§ "(1A) The Secretary of State may by order provide that any byelaws specified in the order which were made by virtue of section 5(1)(c) of the Rivers (Prevention of Pollution) Act 1951 (which, as extended in pursuance of section 6 of that Act, relates to the keeping on streams and other waters of vessels provided with sanitary appliances) or of section 25(1)(c) of the Rivers (Prevention of Pollution) (Scotland) Act 1951 (which makes corresponding provision with respect to streams in Scotland) shall have effect, with much modifications (if any) as are so specified, as if made by virtue of the preceding subsection."
§ Clause 28,page 44, line 34, at end insert "and"
§ line 39, leave out from "situated" to end of subsection.
§ line 46, at end insert "and a port health authority shall have power to make such arrangements with a water authority as are mentioned in subsection (7) of this section"
§ Clause 31, page 48, line 32, at end insert
§ "(2A) Where notice of an application is published by a water authority in pursuance of subsection (1)(a) of this section, the authority shall be entitled to recover the cost of publication from the applicant".
§ Clause 36, page 55, line 30, leave out from beginning to "particulars" in line 31 and 1876 insert "It shall be the duty of water authorities to maintain, in accordance with regulations, registers containing prescribed"
§ Clause 37, page 56, line 19, leave out from "and" to "shall" in line 21 and insert "paragraphs (a) to (c) and (e) of subsection (1) of the preceding section"
§ Clause 37, page 56,line 36, leave out "the said regulations" and insert "those paragraphs"
§ Clause 37, page 56,line 45, leave out "regulations made by virtue of"
§ Clause 37, page 57, line 9, leave out "regulations" and insert "subsection (1)(b) or (c)"
§ Clause 38, page 57, line 27, leave out from "which" to end of paragraph and insert
§ "does not contain express provision enabling the authority to terminate the agreement, so far as it relates to discharges of trade effluent into the sewer of the authority, whether or not there is a breach of the agreement by a person other than the authority;".
§ Clause 39, page 59, line 8, after "by" insert "a notice giving".
§ Clause 41, page 62, line 21, leave out from "in" to "nothing" in line 23 and insert "subsections (1) and (2) of section 33 of this Act; but—
§ (a)where in the performance of that duty a notice is served in consequence of which compensation would have been payble in pursuance of subsection (4) of that section if the notice had been served by virtue of subsection (3) of that section, compensation shall be so payable as if the notice had been so served; and
§ line 27, after "matter" insert "or any solid waste matter".
§ page 63, line 20, at end insert';"or
§ (c) if he is a person to whom compensation is payable by virtue of subsection (3) of this section in respect of a consent to which the operations in question relate.".
§ Clause 42, page 64, line 3, at end insert—
§ "(3) A port health authority shall have power to make arrangements with a water authority for the purposes of any of the preceding provisions of this section."
§ Clause 44, page 65, line 5, leave out "(which is" and insert "or section 24 of the Rivers (Prevention of Pollution) (Scotland) Act 1951 (which are"
§ Clause 44, page 65,line 8, leave out subsection (5).
§ Clause 47, page 67, line 13, leave out from beginning to "appeals" in line 14 and insert '—
- "(a) shall include provision for".
§ Clause 47,page 67, line 17, at beginning insert "may include provision".
§ Clause 48, page 68, line 11, leave out from "section" to "appeals" in line 12 and insert '—
- "(a) shall include provision for".
§ Clause 47,page 67,line 15, at beginning insert "may include provision".1877
§ Clause 49, page 68, line 26, leave out from "Any" to "consent" in line 27 and insert "entry of matter into a stream or controlled waters which—
§ (a) is authorised by a"
§ Clause 49, page 68,line 29, after "subject" insert; or
§ (b) is a consequence of an act which is so authorised and in accordance with such conditions"
§ Clause 51, page 69, line 12, at end insert:
§ "'restricted waters'" means controlled waters in—
§ (a) areas designated by regulations as tidal rivers for the purposes of this definition; and
§ (b) other areas of a kind prescribed for the purposes of this definition as areas in which, in the opinion of the Secretary of State, vessels commonly lie at moorings in close proximity to one another;"
§ leave out lines 16 to 25 and insert:
§ "' in the area of a water authority which is specified, as water which is used or is expected by the authority to be used for any purpose, in a document which is in a form prescribed for the purposes of this definition and contains prescribed particulars and of which a copy is kept available, and has for not less than one month been kept available, at the principal office of the authority for inspection by the public free of charge during office hours;".
§ Clause 51, page 69,line 29, at beginning insert—
§ "subject to subsection (2A) of this section,"
§ Clause 51, page 69,line 35, at end insert "and".
§ Clause 51, page 69,line 37, leave out from "waters" to end of subsection.
§ Clause 51,Page 70, line 14, at end insert—
§ "(2A) Regulations may provide that any prescribed lake, loch or pond which does not discharge into a stream, or that any lake, loch or pond of a prescribed description which does not discharge into a stream shall be a stream for the purposes of this Part of this Act."
§ Clause 51,Page 70line 34, at end insert—" (5) Section 25(5) of this Act shall have effect in relation to this Part of this Act as if for any reference to Part I of this Act there were substituted a reference to this Part of this Act."
§ 3.25 p.m.
§ LORD GARNSWORTHY
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 50 to 90.
The more significant Amendments in Part II of the Bill are, first, a group of 12 Amendments which concern the creation of a new general offence of depositing 1878 solid waste matter in water; and, secondly, two Amendments to Clause 41 which were made to meet the criticism that measures in this clause bore too harshly on the discharger.
The first group of 12 Amendments dealing with solid waste matter makes it an offence to put objects such as old prams, bicycles and so forth into water, and litter and rubbish such as cigarette packets. These are not poisonous, noxious or polluting in the strict sense and are therefore not covered by the general offence of waiter pollution as originally drafted in Clause 26, although there was provision for bye-law control. The powers of water authorities under Clause 41 to forestall and remedy pollution of water are also extended to enable them to take steps to prevent rubbish getting into water and to remove it when it is thrown in none the less.
The two Amendments Nos. 72 and 74 to Clause 41 have the effect of changing the way that costs fall in certain circumstances where pollution injurious to the flora or fauna of a stream has been caused by a consented discharge. Under the clause as originally drafted, when a consent was revoked or varied because the discharge caused pollution injurious to flora or fauna in a stream the discharger was entitled to no compensation for early revocation or variation of a consent before its normal term, and also had to bear the costs of restoring the stream. The Government understood that dischargers would prefer this to be the case than that water authorities should devise very stringent, perhaps unnecessarily stringent, consent conditions to make quite sure that no injurious pollution occurred. Representations from industry have indicated, however, that they feel that the arrangements should apply to Clause 41 cases that are set out in Clause 34 for compensation where, broadly speaking, the water authority has made a mistake and granted too relaxed a consent, having regard to foreseeable circumstances.
The first Amendment therefore makes this change. The second provides that where compensation is payable the water authority should also meet the costs of restoration of the stream. The other Amendments to Part II and its associated provisions are largely a matter of 1879 improving and in some cases strengthening the provisions as they left your Lordships' House, often after consideration of points made by your Lordships. My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 50 to 90.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Garnsworthy.)
§ On Question, Motion agreed to.