§ Mr. BurgonTo ask the Secretary of State for the Environment, Transport and the Regions when he expects the works notice powers to come into force. [80070]
§ Mr. MeacherI have laid before the House new regulation, the Anti-Pollution Works Regulations 1999, which will enable new powers for the Environment Agency to serve works notices on polluters or potential polluters to be brought into force.
The works notice powers will enable the Environment Agency to serve a notice on polluters or potential polluters requiring them to carry out works or operations to remedy or prevent water pollution. They represent a more direct regulatory measure for the Agency than its existing powers to carry out anti-pollution works itself and then recover costs from the person responsible.
Works notices provide an additional regulatory goal for the Agency that will help prevent pollution incidents which in the past have occurred when a potential polluter has failed to respond to an informal approach.
The Regulations are largely procedural and make provision for the content of work notices, appeals against works notices, compensation for rights of entry and entry on to the Agency's public pollution control registers of particulars relating to works notices.
The Regulations have been subject to wide public consultation. In addition to comments on procedural matters some concerns were raised about the service of works notices in relation to other regulatory regimes, in particular the contaminated land powers. As a result the Environment Agency has set out its policy on the use of the works notice powers in a statement which my Department has agreed. Essentially, where other powers apply, for example the contaminated land regime, action would be taken under those powers.