Clause 25 - Activities to which Chapter 1 does not apply
Waste and Emissions Trading Bill [Lords]
10:30 am
Mr Michael Meacher (Minister of State (the Environment), Department for Environment, Food and Rural Affairs; Oldham West and Royton, Labour)
Clause 25 sets out the activities to which chapter 1 does not apply—those that are excluded from the scope of the landfill directive by article 3(2) of the directive. The amendment would add ''and other non-hazardous materials'' to the exclusion for the spreading of sludges or similar matter on the soil for the purposes of fertilisation or improvement. The hon. Lady questioned the meaning of ''or similar matter''. The problem with the amendment is that it risks making the exclusion wider than that in the landfill directive.
We do not need a comprehensive definition of similar matter; the advantage of a general phrase is that it encapsulates materials that are similar but do not have to be pre-defined. If a particular non-hazardous material is deemed similar to a sludge and is spread on the soil for the purposes of fertilisation or improvement, it will be covered by the exclusion. If, however, it is not, it will not be excluded from the provisions of chapter 1—the landfill allowances scheme and the landfill strategies. I do not wish to be drawn into defining what is meant by ''and similar matter'' other than to say that we are talking about matter that is similar to sludges. The key point is how it is treated, and it will be treated in the way that I have indicated.
If the Bill excludes something that is within the scope of the directive, there is a risk that the UK will be considered not to be complying with its obligations under the directive. It is therefore important that the exclusions in the clause stick closely to those in the directive, and that is what we have provided for. I
hope that my explanation satisfies the hon. Lady and that she will not feel the need to press her amendment.