HL Deb 11 July 1995 vol 565 cc1490-1

31 Clause 54, page 47, leave out lines 9 to 45.

32 Page 47, line 46, leave out 'a closed landfill site' and insert 'any contaminated land'.

33 Page 47, line 47, leave out from 'as' to end of line 48 and insert 'such a site by virtue of section 78BB(7) or 78BC(6)'.

Earl Ferrers

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 31 to 33 en bloc.

It may be helpful if, in moving these amendments, I also speak to Amendments Nos. 36, 39 to 43 and 70 to 75. On Report, in response to an amendment moved by my noble friends Lord Crickhowell, Lord Mills and Lord Lucas of Chilworth, my noble friend Lord Ullswater undertook to look again at the treatment of closed landfill sites in the contaminated land regime. These amendments had the effect of removing the requirement for the separate identification of closed landfills, as well as the extra regulatory steps that were formerly proposed to be required of those sites.

In the light of other changes made to these provisions, expanding the role of the environment agency and the Sottish Environment Protection Agency in giving guidance to local authorities, we no longer think there there is a need for particular treatment of closed landfill sites which are also contaminated land.

These amendments also change the definition of special sites, for which the appropriate agency will itself be the enforcing authority. The descriptions of sites which will be required to be designated as special sites will now be set out in regulations and will not be restricted, as they were previously, to closed landfill sites which are likely to cause serious harm or serious pollution of controlled waters.

The procedures for designation have also been amended, so that in most cases designation will be made by the local authority concerned and not by the Secretary of State. The amendments introduce a machinery for ensuring that designations are appropriately made, giving the agency the right to provide advice and to appeal against any designations. I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 31 to 33 en bloc.—(Earl Ferrers.)

Baroness Hilton of Eggardon

My Lords, I ask one question for clarification in relation to Amendment No. 42. New Sections 78B and 78C require that where the agency and the local authorities cannot agree that land must be designated as special, the matter must be referred to the Secretary of State. But there is no time limit laid down by which the Secretary of State must make a decision. That could in fact just provide a recipe for prolonged delay. I wonder whether the Minister could advise the House on what would seem to be a reasonable length of time in which the Secretary of State should be required to make some decision on the designation of sites as special.

Earl Ferrers

My Lords, that is a very reasonable question from the noble Baroness but I think that it would be very unwise of me to give her an answer. I cannot tell her how long a reasonable period of time would be. Sometimes it may be rather longer than at other times. One would have to leave it to the discretion of the Secretary of State to do the best that he can.

On Question, Motion agreed to.