Lords amendment: No. 78, in page 34, line 36, at end insert—
(3) For the purposes of this section any land to which this subsection applies but which is not operational land of statutory undertakers authorised to carry on a harbour undertaking shall be treated as if it were such operational land.
(4) Subsection (3) above applies—
as defined in the Harbours Act 1964.
(5) Any question whether subsection (3) above applies to land shall be determined by the Secretary of State and the Minister who is the appropriate Minister in relation to operational land of statutory undertakers who are authorised to carry on harbour undertakings.
Members of the Committee will recall that I moved some amendments in Committee to which the Minister gave a favourable response. On Report, he gave an undertaking that amendments reflecting the comments that had been made in Committee would be moved in the other place.
I commend and thank my hon. Friend the Minister for the diligent way in which he dealt with the concerns expressed in Committee on behalf of people who would have been involved in the hazardous substances arrangements. The amendments that have been moved and that I hope will be accepted satisfy the anxieties that were expressed. They will enable the companies involved to proceed much more satisfactorily, and I believe that the Bill will be greatly improved as a result of the amendments.
I thank my hon. Friend the Member for Norwich, South (Mr. Powley) for the way in which he pursued the matter in Committee. Since then we have discussed it in detail with the Confederation of British Industry, the local authority associations, the Royal Town Planning Institute, and the British Ports Association. We arrived at what I believe is an acceptable solution.