Contaminated Land

Clause 56 – in the House of Commons at 6:45 pm on 28th June 1995.

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Photo of Mr Archy Kirkwood Mr Archy Kirkwood Liberal Democrat Chief Whip 6:45 pm, 28th June 1995

I beg to move amendment No. 264, in page 48, line 19, at end add '; and any small-scale land-fill site, the size of which should be designated by regulation, will be exempt from the Part.'.

Photo of Miss Janet Fookes Miss Janet Fookes , Plymouth Drake

With this, it will be convenient to discuss the following: Government amendments Nos. 134 and 139 to 141.

Amendment No. 120, in page 57, line 37, after 'that', insert—

  1. '(a) any delay would afford an inadequate remedy in the case of land which is contaminated by virtue of paragraph (a) of subsection (2) of section 78A above.
  2. (b)'.
Amendment No. 121, in page 59, line 24, at end insert— '(11) Nothing in this section shall prevent an enforcing authority from serving a remediation notice in such circumstances where a person who prepares and publishes a remediation statement by virtue of the requirement in subsection (7)(a) above fails without reasonable excuse to do these things which by virtue of subsections (6)(a) and (6)(c) above it was expected would be done within the periods within which it was expected they would be done.'. Government amendments Nos. 180, 181 and 166.

Amendment No. 123, in page 67, line 35, at end add— '() An enforcing authority in Scotland shall have the power to make a charging order in respect of any costs incurred by it in terms of subsections (1) and (2) above.() Schedule 2C shall have effect in relation to charging orders in Scotland.'. Government amendments Nos. 174 and 175.

Amendment No. 122, in page 68, line 11, at end insert— '() restrictions imposed by virtue of section 78G above which prevent an enforcing authority from serving a remediation notice for the time being.'. Government amendments Nos. 177 and 179.

Amendment No. 124, in schedule 22, page 300, line 22, at end add— 'After Schedule 2B to that Act there shall be inserted—