Amendments 393B to 393J

Levelling-up and Regeneration Bill - Committee (13th Day) – in the House of Lords at 7:30 pm on 18 May 2023.

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Baroness Scott of Bybrook:

Moved by Baroness Scott of Bybrook

393B: Clause 155, page 190, line 36, leave out from “Any” to “caused” in line 2 on page 191 and insert “excess nutrient pollution is to be treated for the purposes of these regulations as damage to the related habitats site that is environmental damage”Member's explanatory statementThis amendment would change what is treated as environmental damage for the purposes of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 where a plant is in breach of a nutrient pollution standard to the excess nutrient pollution discharged (instead of the damage caused to a site).

393C: Clause 155, page 191, line 6, at end insert—“(2A) In paragraph (2)—“excess nutrient pollution” , in relation to a nutrient significant plant and a related nutrient pollution standard, means the amount by which the total nutrient pollution discharged in treated effluent by the plant during the period—(a) beginning with the upgrade date, and(b) ending with the day the plant first meets the related nutrient pollution standard,exceeds the total nutrient pollution that it would have discharged in treated effluent during that period had it met the related nutrient pollution standard on and after the upgrade date;“total nutrient pollution” means—(a) in relation to the nitrogen nutrient pollution standard, total nitrogen, and(b) in relation to the phosphorus nutrient pollution standard, total phosphorus.(2B) It is for the Environment Agency to determine the excess nutrient pollution discharged by a plant and in doing so the Environment Agency may have regard to—(a) the concentration of total nitrogen or concentration of total phosphorus determined for the purposes of section 96F of the Water Industry Act 1991 (see in particular subsection (5) of that section), and(b) the volume of treated effluent discharged by the plant, as determined by the Environment Agency.”Member's explanatory statementThis amendment would define “excess nutrient pollution” for the purposes of the provision that would be inserted by the Minister’s amendment at page 190, line 36.

393D: Clause 155, page 191, leave out lines 7 to 14.Member's explanatory statementThis amendment would leave out paragraphs (3) and (4) of inserted regulation 9A of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 which would not be needed as a result of the Minister’s amendment at page 190, line 36.

393E: Clause 155, page 191, line 28, at end insert—““nitrogen nutrient pollution standard”;”Member's explanatory statementThis amendment is consequential on the Minister’s amendment at page 191, line 6.

393F: Clause 155, page 191, line 29, at end insert—““phosphorus nutrient pollution standard”;”Member's explanatory statementThis amendment is consequential on the Minister’s amendment at page 191, line 6.

393G: Clause 155, page 191, line 32, at end insert—““treated effluent”;”Member's explanatory statementThis amendment would apply the definition of “treated effluent” from section 96J of the Water Industry Act 1991 for the purposes of the definitions that would be inserted by the Minister’s amendment at page 191, line 6.

393H: Clause 155, page 192, line 9, leave out “damage” and insert “excess nutrient pollution”Member's explanatory statementThis amendment is consequential on the Minister’s amendment at page 190, line 36.

393I: Clause 155, page 192, leave out line 22 and insert “excess nutrient pollution”Member's explanatory statementThis amendment is consequential on the Minister’s amendment at page 190, line 36.

393J: Clause 155, page 192, line 26, leave out “damage attributable to the failure” and insert “excess nutrient pollution”Member's explanatory statementThis amendment is consequential on the Minister’s amendment at page 190, line 36.

Amendments 393B to 393J agreed.

Clause 155, as amended, agreed.

Amendments 394 to 402 not moved.

Clause 156: Locally-led urban development corporations