Consultation before certain variations

Schedule 22 – in the House of Commons at 11:45 pm on 28th June 1995.

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  1. 37A.—(1) This section applies where—
    1. (a) a waste regulation authority proposes to modify a licence under section 37(1) or (2)(a) above; and
    2. (b) the licence, if modified as proposed, would be subject to a relevant new condition.
  2. (2) For the purposes of this section, a "relevant new condition" is any condition by virtue of which the holder of the licence might be required to carry out any works or do any other thing—
    1. (a) which he might not be entitled to carry out or do, and
    2. (b) which he could not be required to carry out or do by virtue of the conditions to which, prior to the modification, the licence is subject.
  3. (3) Before modifying the licence, the waste regulation authority shall serve on every person appearing to the authority to be a person falling within subsection (4) below a notice which complies with the requirements set out in subsection (5) below.
  4. (4) A person falls within this subsection if—
    1. (a) he is the owner, lessee or occupier of any land; and
    2. (b) that land is land in relation to which it is likely that, as a consequence of the licence being modified so as to be subject to the relevant new condition in question, rights will have to be granted by virtue of section 35(4) above to the holder of the licence.
  5. (5) A notice served under subsection (3) above shall—
    1. (a) set out the relevant new condition in question;
    2. (b) indicate the nature of the works or other things which that condition might require the holder of the licence to carry out or do but which he could not be required to carry out or do by virtue of the conditions (if any) to which, prior to the modification, the licence is subject; and
    3. (c) specify the date by which, and the manner in which, any representations relating to the condition or its possible effects are to be made to the waste regulation authority by the person on whom the notice is served.
  6. (6) The date which, pursuant to subsection (5)(c) above, is specified in a notice shall be a date not earlier than the date on which expires the period—
    1. (a) beginning with the date on which the notice is served, and
    2. (b) of such length as may be prescribed in regulations made by the Secretary of State.
  7. (7) Before the waste regulation authority issues the licence it must, subject to subsection (8) below, consider any representations made in relation to the condition in question, or its possible effects, by any person on whom a notice has been served under subsection (3) above.
  8. (8) Subsection (7) above does not require the waste regulation authority to consider any representations made by a person after the date specified in the notice served on him under subsection (3) above as the date by which his representations in relation to the condition or its possible effects are to be made.
  9. (9) A waste regulation authority may postpone the service of any notice or the consideration of any representations required under the foregoing provisions of this section so far as the authority considers that by reason of an emergency it is appropriate to do so.
  10. (10) In subsection (3) above, "owner" has the same meaning as it has in subsection (3) of section 36A above by virtue of subsection (8) of that section.".'.
No. 94, in page 293, line 9, leave out '(12)' and insert '(9) (power to require certain measures to be taken where licence suspended) there shall be inserted—
  1. "(9A) A requirement imposed under subsection (9) above may require the holder of a licence to carry out works or do other things notwithstanding that he is not entitled to carry out the works or do the thing and any person whose consent would be required shall grant, or join in granting, the holder of the licence such rights in relation to the land as will enable the holder of the licence to comply with any requirements imposed on him under that subsection.
  2. (9B) Subsections (2) to (8) of section 36A above shall, with the necessary modifications, apply where the authority proposes to impose a requirement under subsection (9) above which may require the holder of a licence to carry out any such works or do any such thing as is mentioned in subsection (9A) above as they apply where the authority proposes to issue a licence subject to any such condition as is mentioned in subsection (1) of that section, but as if—
    1. (a) the reference in subsection (3) of that section to section 35(4) above were a reference to subsection (9A) above; and
    2. (b) any reference in those subsections—
    1. (i) to the condition, or the condition in question, were a reference to the requirement; and
    2. (ii) to issuing a licence were a reference to serving a notice, under subsection (12) below, effecting the requirement.
  3. (9C) The authority may postpone the service of any notice or the consideration of any representations required under section 36A above, as applied by subsection (9B) above, so far as the authority considers that by reason of an emergency it is appropriate to do so."
  4. (2) After subsection (12) of that section (revocations and suspensions etc. to be effected by service of notice)'.
No. 179, in page 298, leave out lines 2 to 7 and insert— ' "(1A) No matter shall constitute a statutory nuisance to the extent that it consists of, or is caused by, any land being in a contaminated state.(1B) Land is in a "contaminated state" for the purposes of subsection (1A) above if, and only if, it is in such a condition, by reason of substances in, on or under the land, that—
  1. (a) harm is being caused or there is a possibility of harm being caused; or
  2. (b) pollution of controlled waters is being, or is likely to be, caused;
and in this subsection "harm", "pollution of controlled waters" and "substance" have the same meaning as in Part IIA of this Act.".'.
No. 203, in page 299, line 8, leave out 'Subject to sub-paragraph (5) below,'.—[Mr. Atkins.]Amendment proposed: No. 95, in page 303, line 26, at end insert— 'After section 93 of that Act (interpretation of Part III) there shall be inserted—