§ Earl Peelasked Her Majesty's Government:
What further measure they propose to take to control imports of waste.
The Earl of CaithnessIt remains our view that international trade in waste disposal services can be economically and enviromentally desirable, provided that it is properly controlled and monitored. We 101WA have, however, included in a consultation paper issued today a proposal to take direct powers in primary legislation to prohibit, restrict or control the import or export of wastes. The powers, which would be exercised by regulations, would be desirable for example if trade in particular wastes were to risk damage to humans, animals, plants or the environment generally, were to affect the availability of disposal facilities or were to lead to improper disposal. Existing powers are contained in a range or primary legislation and regulations which the Government believe could usefully be clarified.
We have concluded that movement of waste for disposal across national frontiers should in general he restricted to wastes which are to go directly to specialist treatment plants or incinerators. Shipments or waste to go directly to landfill should be exceptional and permitted only with the agreement of the importing country. We also consider that all transfrontier movements of waste should be subject to the pre-notification procedures set out in the EC Directive on Transfrontier Shipment of Hazardous Waste. We intend to put these proposals to our European colleagues at the forthcoming EC Environment Council with the aim of strengthening the existing directives.
§ Earl Peelasked Her Majesty's Government:
If they will publish the additional consultation paper on Waste Disposal Law Amendments as announced on 29th June (H of L Debs., col. 1697).
The Earl of CaithnessWe have today placed in the Library of the House a copy of the follow-up consultation paper which contains proposals from the department and the Welsh Office to complement and strengthen those already announced on 29th June.
First, we propose to take powers to control imports and exports of waste. It remains our view that international trade in waste disposal services can be economically and environmentally desirable, provided that it is properly controlled and monitored. To ensure that it is so, we propose to take direct powers in primary legislation to prohibit, restrict or control the import or export of wastes. The powers, which would be exercised by regulations, would be desirable, for example, if trade in particular wastes were to risk damage to humans, animals, plants or the environment generally, were to affect the availability of disposal facilities or were to lead to improper disposal. Existing powers are contained in a range of primary legislation and regulations which the Government believe could usefully be clarified.
We propose to make certain additional changes to the provisions of the Control of Pollution Act 1974, so that the Secretary of State may add, through regulations, criteria which are relevant to the consideration of a licence application; so that an application may be considered if the applicant has 102WA obtained an established use certificate; and so that the Secretary of State may, through regulation, require licenses to carry specified conditions.
We propose also to reduce the uncertainty at law about responsibility for the safety of closed landfill sites by giving clear responsibility for record keeping and monitoring of closed landfills to waste disposal authorities, where the expertise on waste disposal lies.
We propose to close the loophole under which scavenging at private sector sites is not an offence.
Finally, we propose additional measures to combat the growing problem of fly-tipping. We propose to make the registered keeper of a vehicle used in fly-tipping liable to prosecution unless he can demonstrate that he has taken reasonable steps to satisfy himself that the vehicle would not he used for such purposes.