§ [Nos. 105 to 137]
§ Clause 84, page 98, line 15, leave out "in doing any work".
§ Clause 84, page 98,line 23, leave out "in doing any work".
§ Clause 94, page 105, line 32, leave out "or" and insert "and".
§ After Clause 95 insert the following new clause
§ Power to give effect to international agreements
§ "(1)(1) Regulations may provide that any provision of this Act, except this section, shall have effect with such modifications as are prescribed with a view to enabling the Government of the United Kingdom to give effect to any provision made by or under any international agreement to which the Government is for the time being a party.
§ (2) The Secretary of State may make, to the Commission established by the Convention for the Prevention of Marine Pollution from Land-based Sources which was signed at Paris on behalf of the Government of the United Kingdom on 4th June, 1974, such payments towards the expenses of the Commission as he may with the approval of the Treasury determine".
§ Clause 98, page 108, line 33, after "State", insert—
§ " "trade effluent" includes any liquid (either with or without particles of matter in suspension in it) which is discharged from premises used for carrying on any trade or industry, other than surface water and domestic sewage, and for the purposes of this definition any premises wholly or mainly used (whether for profit or not) for agricultural or horticultural purposes or for scientific research or experiment shall be deemed to be premises used for carrying on a trade;".
§ Clause 99, page 109, line 39, at end insert:
§ "(6A) For any reference in this Act to a port health authority there shall be substituted a reference to a port local authority constituted under Part X of the Public Health (Scotland) Act 1897."
§ Clause 101, page 110, line 22, at end add "or relates to trade effluent".
§ Clause 102, page 110, line 26, after "and", insert—"(a)".
§ Clause 102, page 110,line 30, at end insert:
§ "(b) any provision appointing a day in pursuance of this subsection may be revoked or varied by an order made by the Secretary of State which comes into force before that day."
§ Clause 102, page 110,line 33, leave out subsection (4).
§ Schedule 2, page 115, leave out lines 33 to 41.
§ Schedule 3, page 119, line 2, at end insert—
§ The Salmon and Freshwater Fisheries Act 1923
§ 4A. In section 9(5) of the Salmon and Freshwater Fisheries Act 1923 (which provides that certain activities authorised by that section 1883 shall not constitute an offence under provisions which include section 2(1)(a) of the Rivers (Prevention of Pollution) Act 1951) for the words 'section 2(1)(a) of the Rivers (Prevention of Pollution) Act 1951' there shall be substituted the words "and section 26(1)(a) of the Control of Pollution Act 1974'.
§ at end insert—
§ The Public Health Act 1936
§ 4B. In section 3(1)(b) of the Public Health Act 1936 (under which an order constituting a port health authority may, among other things, assign to the authority any functions conferred on a local authority by that Act), after the words 'this Act' there shall be inserted the words 'or the Control of Pollution Act 1974'.
§ 4C. Sections 79 and 80 of that Act (which relate to the removal of noxious matter, manure and refuse from premises) shall cease to have effect.'
§ Clause 102, page 110,line 19, at end insert—
§ "The Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951
§ 7A. In section 9 of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 (which provides that acts done for scientific and certain other purposes shall not constitute an offence under Part I of the Act), after the words ' this Part of this Act ' there shall be inserted the words 'or of section 26(1)(a) of the Control of Pollution Act 1974'."
§ Clause 102,page 120, line 10, at end insert—"and in section 12(1)(ii) of that Act (which authorises the disclosure in connection with the execution of that Act of information of which the disclosure is restricted by that section)".
§ Clause 102,page 120,line 11, at end insert—
§ 'The Public Health Act 1961
§ 13A. At the end of section 34(5) of the Public Health Act 1961 (which among other things provides that ' rubbish ' in that section does not include material accumulated in the course of business) there shall be inserted the words 'or waste deposited in accordance with a disposal licence in force under Part I of the Control of Pollution Act 1974'.
| "38 & 39 Vict. c. 55. | The Public Health Act 1875. | Section 148, but not so as to affect any agreement in force, under that section." |
| Section 148,line 17, column 3, at end insert— | ||
| "In section 24, the words "the immediately preceding section or under"." |
§ The London Government Act 1963
§ 13B. In section 41(1)(b) of the London Government Act 1963 (which enables the functions, rights and liabilities of a local authority under any of the provisions there mentioned to be assigned to the port health authority for the Port of London), after the words 'section 87 of this Act' there shall be inserted the words 'and under any provision of the Control of Pollution Act 1974'.
§ page 121, line 7, after first "times" insert "free of charge by persons resident in the authorities' areas and on payment by other persons".
§ page 121,line 10, at end insert "and for the words from 'persons resident' onwards there shall be substituted the words 'any person' ".
§ page 121,line 10, at end insert—
§ (2) In section 23 of that Act, for subsection (3) (by which section 76 of the Public Health Act 1936, which is repealed by this Act, is applied for the purposes of that section) there shall be substituted the following subsection—
§ '(3) A local authority may—
- (a) provide places for the deposit of anything removed by them under subsection (1) of this section;
- (b) provide plant and apparatus for the treatment or disposal of anything deposited at such a place; and
- (c) sell or otherwise dispose of any such thing'."
§ line 16, at end insert—
§ '20A. For the purposes of section 14 of the Water Act 1973 (under which, among other things, functions of local authorities with respect to sewerage and sewage disposal, including certain functions under Part XII of the Public Health Act 1936, were transferred to water authorities), section 306 of the said Act of 1936 (which related to the compulsory purchase of land and was contained in the said Part XII) shall have effect from 31st March 1974 as if that section had not been repealed by the Local Government Act 1972.'
§ page 121,line 17, leave out "the Water Act 1973" and insert "that Act".
§ page 121,line 34, after "26(6)" insert "or 28(1)".
1885§ page 121,line 37, column 3, after "1" insert "in paragraph 3 the words "seventy-nine".
§ page 124, line 33, column 3, leave out "(3) and"."
§ page 125, line 7, column 3, after "14" insert "in paragraph 4 the words "79, 80" and".
§ LORD GARNSWORTHYMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 105 to 137. Amendments Nos. 105 to 137 mainly concern miscellaneous small points on Parts V and VI and the Schedules. I have already referred to one or two of these. The only additional Amendment to which I ought perhaps to draw the House's attention is No. 108 which is a new clause enabling the Secretary of State to make regulations modifying any provision of this Bill in order to give effect to any internal agreement in the pollution field. The immediate objective here is to enable us to give full effect to the recent Paris Convention for the prevention of pollution from land-based sources, but it may also prove useful in dealing with future international agreements.
I beg to move that this House doth agree with the Commons in their Amendments Nos. 105 to 137.
§ Moved, That this House doth agree with the Commons in their Amendments Nos. 105 to 137.—[Lord Garnsworthy.]
§ 3.35 p.m.
§ BARONESS YOUNGMy Lords, I should like to thank the noble Lord, Lord Garnsworthy, for his explanation of these Amendments put in another place. I am very glad to see them; a great many, as he rightly said, meet points raised in this House. This is particularly pleasing because this is a Bill which has attracted an enormous amount of interest in this House, and on which many of your Lordships who are experts in the field of environment have taken part. This is a Bill on which there has been no disagreement among us on the aims, and if there has been a disagreement it has been either on the way to achieve them or the speed with which they should be achieved. I am very glad to think we shall now very soon see this Bill on the Statute Book.
§ LORD MERRIVALEMy Lords, in view of the able letter I received yesterday 1886 evening from the noble Lord's Department—
§ LORD GARNSWORTHYMy Lords, I am not sure that the noble Lord will be in order, if I understand his intention.
§ LORD MERRIVALEMy Lords, I am in your hands but I was trying to raise a point which was following an Amendment put down for another place but not called.
§ LORD GARNSWORTHYMy Lords, I tried to indicate to the noble Lord—and I did have an indication of his wish—I understand his desire to get something on the Record. But I gather that he will be completely out of order if he pursues it. He has received the letter, it is an authoritative one and he or his friends are free to make whatever use of it they wish. I hope the House will pardon me for that explanation.
§ On Question, Motion agreed to.
§ LORD GARNSWORTHYMy Lords, may I say, with leave, how much I appreciated the remarks of the noble Baroness, Lady Young. I should like to acknowledge the co-operation and help that she has given at every stage when this House has been considering the Bill. I feel that she will always be able to feel that she has made a considerable contribution towards it.