§ 87 Clause 55, page 63, line 17, leave out 'Ace and insert 'Chapter'.
§
88 Page 63, line 18, leave out from 'mine,' to end of line 20 and insert:
'(A) subject to paragraph (B) below, includes—'.
§ 89 Page 63, line 21, after 'of insert 'any or all of the'.
§ 90 Page 63, leave out lines 23 to 25 and insert:
- '(c) the cessation of working of any relevant seam, vein or vein-system;
- (cc) the cessation of use of any shaft or outlet of the mine;'.
§
91 Page 63, line 34, at end insert 'but
(B) does not include
§ 92 Page 63, leave out lines 36 to 45.
§
93 Page 63, line 49, at end insert:
'acting in a compulsory capacity", in the case of the official receiver, means acting as —
§
94 Page 64, line 1, leave out from 'Act' to end of line 18 and insert:
'the official receiver" has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;'.
§
95 Page 64, line 21, leave out from end to second 'to' in line 24 and insert:
relevant seam, vein or vein-system", in the case of any mine, means any seam, vein or vein-system
1518
for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.
§
Mine operators to give the Agency six months' notice of any proposed abandonment.
91B.—(1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine'.
§ 96 Page 64, line 32, leave out '(2)' and insert '(I)'.
§
97 Page 64, line 44, at end insert:
'(4A) Where the operator of a mine is—
he shall not be guilty of an offence under subsection (3) above by reason of any failure to give the notice required by subsection (1) above if, as soon as reasonably practicable (whether before or after the abandonment), he gives to the Agency notice of the abandonment or proposed abandonment, containing such information as may be prescribed.(4B) Where a person gives notice under subsection (1), (4) (b) or (4A) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.'.
§ 98 Page 64, line 47, leave out 'the' and insert 'an'.
§ 99 Page 64, line 48, leave out 'of a' and insert 'in the case of any'.
§ 100 Page 65, line 1, leave out from 'that,' to 'become' in line 3 and insert 'in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to'.
§ 101 Page 65, line 6, leave out 'that local authority' and insert 'the local authority in whose area that land is situated'.
§ 102 Clause 56, page 65, line 35, leave out 'Act' and insert 'Part'.
§
103 Page 65, line 36, leave out from 'mine,' to end of line 38 and insert:
'(A) subject to paragraph (B) below, includes—'.
§ 104 Page 65, line 39, after 'of insert 'any or all of the'.
§
105 Page 65, leave out lines 41 to 43 and insert:
'(c) the cessation of working of any relevant seam, vein or vein-system;
(cc) the cessation of use of any shaft or outlet of the mine;'.
§
106 Page 66, line 5, at end insert 'but
(B) does not include—
§ 107 Page 66, leave out lines 7 to 16.
§
108 Page 66, leave out lines 19 to 40 and insert:
'"acting in a compulsory capacity", in the case of the official receiver, means acting as—
"the official receiver" has the same meaning as it has in the Insolvency Act 1986 by virtue of section 399(1) of that Act;relevant seam, vein or vein-system", in the case of any mine, means any seam, vein or vein-system for the purpose of, or in connection with, whose working any excavation constituting or comprised in the mine was made.'.
§ 109 Page 66, line 42, leave out from beginning to second 'to' in line 44 and insert:
§ 'Mine operators to give SEPA six months' notice of any proposed abandonment.
§ 30Z.—(1) If, in the case of any mine, there is to be an abandonment at any time after the expiration of the initial period, it shall be the duty of the operator of the mine'.
§ 110 Page 67, line 2, leave out '(2)' and insert '(1)'.
§
111 Page 67, line 14, at end insert:
'(4A) Where the operator of a mine is—
(4B) Where a person gives notice under subsection (I), (4) (b) or (4A) above, he shall publish prescribed particulars of, or relating to, the notice in one or more local newspapers circulating in the locality where the mine is situated.'.
§ 112 Page 67, line 17, leave out 'the' and insert 'an'.
§ 113 Page 67, line 18, leave out 'of a' and insert 'in the case of any'.
§ 114 Page 67, line 19, leave out from 'that,' to 'become' in line 21 and insert 'in consequence of the abandonment or proposed abandonment taking effect, any land has or is likely to'.
§ 115 Page 67, line 24, leave out 'that local authority' and insert 'the local authority in whose area that land is situated'.
§ 116 Clause 57, page 67, line 33, leave out 'after' and insert 'in'.
§
117 Page 67, line 36, after 'waters)' insert 'after the words "an abandoned mine" there shall be inserted the words "or an abandoned part of a mine".
(1A) After that subsection'.
§ 118 Page 67, line 37, at end insert 'former'.
§ 119 Page 67, line 38, leave out 'if the mine in question became an abandoned mine' and insert 'or part of a mine if the mine or part in question became abandoned'.
§
120 Page 67, line 39, at end insert:
'(3B) In determining for the purposes of subsection (3A) above whether a mine or part of a mine became abandoned before, on or after 31st December 1999 in a case where the mine or part has become abandoned on two or more occasions, of which—
the mine or part shall be regarded as becoming abandoned after that date (but without prejudice to the operation of subsection (3) above in relation to that mine or part at, or in relation to. any time before the first of those occasions which falls after that date).(3C) Where, immediately before a part of a mine becomes abandoned, that part is the only part of the mine not falling to he regarded as abandoned for the
1520
time being, the abandonment of that part shall not be regarded for the purposes of subsection (3A) or (3B) above as constituting the abandonment of the mine, but only of that part of it.".'.
§ 121 Page 68, line 5, after 'mine)' insert '(a)'.
§
122 Page 68, line 7, at end insert '; and
(b) after the words "an abandoned mine" there shall be inserted the words "or an abandoned part of a mine".'.
§ 123 Page 68, line 9, at end insert 'former'.
§ 124 Page 68, line 10, leave out 'if the mine in question became an abandoned mine' and insert 'or part of a mine if the mine or part in question became abandoned'.
§
125 Page 68, line 11, at end insert:
'(4B) Subsections (3B) and (3C) of section 89 above shall apply in relation to subsections (4) and (4A) above as they apply in relation to subsections (3) and (3A) of that section.".'.
Earl FerrersMy Lords, I beg to move that the House to agree with the Commons in their Amendments Nos. 87 to 125. I shall speak also to Amendments Nos. 229 to 233, 255 and 256.
The Government's intention, in moving the bulk of the amendments was to ensure that the provisions for pre-notification of the abandonment of mines, and for the removal of the defence and exemption in respect of mines abandoned after the end of 1999, should work as intended. The amendments also serve to make the legislation as clear as possible to the mine operators and owners affected.
I turn to Amendment No. 97. The noble Lords, Lord Ezra, Lord Beaumont of Whitley and Lord Moran, proposed an amendment which would have required a mine operator who served notice of abandonment on the agency to publish the notice in local newspapers as well. A similar amendment was also tabled in another place.
Having considered further the points raised on this proposal, the Government tabled Amendment No. 97 to meet substantially those points. It requires anyone serving a notice of abandonment on the agency to publish particulars of, or relating to, that notice in one or more newspapers circulating in the locality of the mine. Amendment No. 111 has the same effect in Scotland.
Amendments Nos. 118 and 123 amend the provisions in Clause 57 which refer to the removal of the defence against prosecution and the exemption from cost recovery from the owners and operators of mines abandoned after the end of 1999.
Your Lordships may recall that the removal of the defence and exemption was subject to amendments moved by my noble friend Lord Stanley of Alderley, which he regrettably put to a Division, and the Government lost. The Government have now agreed to accept the amendments. We have tabled further amendments (Amendments Nos. 229, 231 and 256) which will bring the law in Scotland into line with that approach. However, we were concerned that one aspect of the wording was unclear. It refers to,
the owner or operator of any mine or part of a mine if the mine of the part in question became abandoned after 31st December 1999".We believe that that could he confusing as any abandoned mine is, by definition, not being operated. That will please my noble friend Lord Peyton: an abandoned mine is an abandoned mine—it is one that 1521 has been abandoned. The amendments therefore change the wording so that it refers to the "former operator", which clarifies what is meant.With regard to Amendments Nos. 88, 91, 93, 94, 97, 103, 106, 108 and 111, we have had to have regard to the fact that sometimes the act of abandonment will accompany or follow the insolvency of the operator. We have had to look carefully at the position of office holders in liquidations and bankruptcies who would be prevented from notifying the abandonment of a mine promptly. Private sector office holders, of course, are allowed to review the cases they are offered, and have the right to refuse an appointment. The Official Receiver, on the other hand, when acting in the capacities listed in the amendments, has no choice. He cannot refuse to act. He might therefore be placed in a position of being compelled to continue some mining operations when there are no assets in the company to fund this, or face prosecution for a criminal offence. That would not of course be acceptable. These amendments, therefore, ensure that the Official Receiver, when acting in those capacities, does not commit an offence if he abandons a mine or part of a mine without giving six months' notice, providing he notifies the agency as soon as is practicable.
These are all complicated provisions, but they are designed to enhance the agency's ability to address mine water pollution. The amendments have all been framed to ensure that the provisions will work in practice and address the events preceding and following the abandonment of mines in such a manner as is most appropriate.
§ Moved, that the House do agree with the Commons in their Amendments Nos. 87 to 125-(Earl Ferrers.)
§ Baroness Hilton of EggardonMy Lords, the whole question of pollution from abandoned mines exercised us at great length at earlier stages of the Bill. We regret profoundly that the Government have not imposed a statutory duty on the Coal Authority to deal with minewater pollution. One cannot expect of course at this late stage to amend the Bill to include that, but we would be grateful if a clear statement could be made as to what action the Coal Authority is expected to take in relation to minewater pollution.
As recently as April this year, the chief executive of the Coal Authority, Neville Washington, said that the Coal Authority was not responsible for water that emerges from the pits. Nevertheless, during its passage through this House and the other place, we were given assurances by the then Ministers that the Coal Authority would be expected to go beyond the minimum standards of environmental responsibility which are set by its legal duties. That was a vague statement which was not wholly reassuring at the time, but it did at least suggest that the Coal Authority had some responsibility for pollution of water from mines that were already closed. In view of the chief executive's recent statement, the extent to which we were reassured has now been considerably undermined.
Another member of the Coal Authority, the director of contracts, Albert Schofield, said in May-even more recently-that the Bill was not clear in assigning 1522 responsibility for minewater pollution from abandoned coalmines to the Coal Authority. We would be grateful if the Minister could clarify whether the Coal Authority is responsible; who will deal with polluted water that arises from mines that have been closed; and who is responsible for continuing the pumping of mines that have been closed.
This a serious matter. There are rivers in the north east which are already seeing pollution from many of the coalmines which have been abandoned or closed there. Unless there is a clear assignment of responsibility, public concern will continue to grow and we will continue to see rivers which are affected by heavy metal and other poisons seeping out of closed coalmines. I should he grateful if the Minister could reassure us further as to what are the responsibilities of the Coal Authority or whether the Government will be picking up the tag if the Coal Authority is not responsible.
§ Lord Beaumont of WhitleyMy Lords, I join with the noble Baroness in asking for some clarification in this area. We have already spent a great deal of time on this issue and it seems to be an area where the Government have fudged the issue to a great degree. It is far from clear where the responsibility lies. There are dangers that there will be great pollution into the future, and it will be difficult to find out how to cope with it. I add the thanks of myself, my noble friend Lord Ezra and other noble Lords who put forward the amendment relating to advertising in local newspapers. That was worthwhile. I am grateful to them for doing so.
§ Lord Stanley of AlderleyMy Lords, I thank all noble Lords who supported the amendment that I had the privilege of moving. I include the noble Lord, Lord Williams, who I think suspected me of being half-hearted on the second part of it, regarding the date of 1999 but I was not. I thank the Government for graciously accepting your Lordships' wishes and for adding the small technical amendment.
Earl FerrersMy Lords, am grateful to my noble friend Lord Stanley of Alderley for having been good enough to express his thanks that we should have accepted the amendment which your Lordships passed, and which we have considered and thought appropriate to address, and adjust so as to improve it. It is an example of how, when your Lordships feel that something is important your Lordships do, on occasions—as some say—put the bit between your Lordships' teeth and pass an amendment which is sometimes not the wish of the Government. On consideration, it is often shown that your Lordships are correct. On this occasion your Lordships were correct, and we were able to amend the amendment to make it more appropriate to the Bill as a whole.
I am sorry that the noble Lord, Lord Beaumont of Whitley, thought that we had fudged the issue. I do not think that we did fudge it. Of course it is not an easy issue with which to deal. I believe that we have come to the right conclusion. Time alone will show whether that is so. I am grateful to him for his appreciation of the amendment with regard to advertising in local 1523 newspapers. That is a good thing to do, and I am grateful to him for having drawn it to our attention in the first place.
The noble Baroness, Lady Hilton, was worried about the Coal Authority, abandoned coalmines, and so forth. We have to realise that we must put in place arrangements to deal with the essential pollution prevention work which was formerly carried out by British Coal, particularly pumping at certain sites in Durham, notwithstanding that there was no statutory requirement for that work. We must then initiate a dialogue between the authority and the water regulators on the priorities for any other such work by the authority. In general, the authority is the owner of the abandoned coal mines throughout Great Britain. It has the responsibility which goes with that ownership. That responsibility will continue and it will be that of the Coal Authority.
§ On Question, Motion agreed to. 5 p.m.