Clause 12 - Powers in relation to waste disposal authorities
Waste and Emissions Trading Bill [Lords]
3:30 pm
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
I was slightly confused because the notice of amendments related this amendment to clause 14. That is obviously an error because it relates to clause 12. Once we get over that hurdle, the effect is to ensure that penalties under clause 12 for breaching rules of a scheme are equivalent to breaches of the landfill allowances. All civil penalties under chapter 1 of the Bill are determined by clause 26. The allocating authority will set out in regulations the penalty or the calculation to determine a penalty in each circumstance. The amendment is unnecessary because clause 26 applies to both clauses.
The hon. Lady made a fair point. There is a great difference between breaches in respect of landfill allowances and those in respect of rules and we would not expect the same penalty to apply to both. Breaches of rules might for example be to do with
record keeping, which is obviously important, but no one suggests that that is as serious as breaching the landfill and putting targets at risk. I take the hon. Lady's point and when we determine by regulations what the powers in clause 26 permit us to do in respect of setting penalties, we shall consult and take into account the different types of activity.