Motion B

Environment Bill - Commons Reasons and Amendments – in the House of Lords at 5:00 pm on 9th November 2021.

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Lord Goldsmith of Richmond Park:

Moved by Lord Goldsmith of Richmond Park

That this House do not insist on its Amendment 33B to which the Commons have disagreed, and do agree with the Commons in their Amendments 33C and 33D in lieu.

33C: Clause 37, page 22, line 25, leave out from “if” to end of line 28 and insert “Condition A or Condition B is met.(8A) Condition A is that the court is satisfied that granting the remedy would not—(a) be likely to cause substantial hardship to, or substantially prejudice the rights of, any person other than the authority, or(b) be detrimental to good administration.(8B) Condition B is that Condition A is not met but the court is satisfied that—(a) granting the remedy is necessary in order to prevent or mitigate serious damage to the natural environment or to human health, and(b) there is an exceptional public interest reason to grant it.”

33D: Schedule 3, page 148, line 21, leave out from “if” to end of line 26 and insert “Condition A or Condition B is met.(5A) Condition A is that the court is satisfied that granting the remedy would not—(a) be likely to cause substantial hardship to, or substantially prejudice the rights of, any person other than the authority, or(b) be detrimental to good administration.(5B) Condition B is that Condition A is not met but the court is satisfied that—(a) granting the remedy is necessary in order to prevent or mitigate serious damage to the natural environment or to human health, and(b) there is an exceptional public interest reason to grant it.”

Motion B agreed.