Clause 89 - Transfer of discharge consents
Water Bill [Lords]
10:00 am
Mr Edward O'Hara (Knowsley South, Labour)
With this it will be convenient to discuss the following:
Clause stand part.
New clause 24—Discharge consents—
'(1) Schedule 10 to the WRA is amended as follows.
(2) After paragraph 7(1) there is inserted—
''(1A) Where any consent given under paragraph 3 or 6 above authorises a discharge—
(a) of any substances defined as a priority substance by Directive 2000/60/EC; or
(b) into any controlled waters which do not meet the definition of ''good surface water status'' set out in Directive 2000/60/EC (except where the Agency is satisfied that the relevant discharge does not contribute significantly to the failure to achieve such status)
the Agency shall review such consent and the conditions (if any) to which the consent is subject to at least once in every period of four years beginning with the day on which the consent takes effect or, if applicable, the day on which any previous review under this paragraph was concluded.
(1B) If, having carried out a review under subparagraph (1A) above, the Agency wishes to exercise its powers under paragraph 7(2) below, but is unable to do so by reason of a restriction imposed under paragraph 8 below—
(a) the Agency shall notify the Secretary of State within one month of the conclusion of such review of the outcome of the review and its recommendations and shall request that the Secretary of State exercise his powers under paragraph 7(4) below; and
(b) taking full account of the Agency's recommendations, the Secretary of State shall consider whether to exercise his powers under paragraph 7(4) below, and shall notify the Agency in writing of his decision and the reasons for it within one month from the date of receipt of the Agency's notification under subparagraph (1B)(a) above.''.
(3) In paragraph 7(3) after ''a review under subparagraph (1)'', there is inserted ''or (1A)''.
(4) In paragraph 7(4), the words '', subject to such restrictions on the exercise of the power conferred by virtue of paragraph (c) above as are imposed under paragraph 8 below,'' are omitted.
(5) Paragraphs 7(5) and (6) are omitted.
(6) In paragraph 8(1), (2), (4) and (5), the words ''or (4)(c)'' are omitted.'.