Moved by
Earl Howe
16: Schedule 16, page 479, line 9, leave out sub-paragraph (e) and insert—
“(e) the decision is made—
(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or
(ii) where the plant is a catchment permitting area plant, before the applicable date.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
17: Schedule 16, page 479, line 12, after “(1)(d)(i)” insert “and (e)(i)”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 479, line 9.
18: Schedule 16, page 479, line 15, after “(1)(d)(ii)” insert “and (e)(i)”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 479, line 9.
19: Schedule 16, page 479, line 17, at end insert—
“(c) in a case within paragraph (1)(d)(i) and (e)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;
(d) in a case within paragraph (1)(d)(ii) and (e)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 479, line 9.
20: Schedule 16, page 479, line 23, after “plant” insert “that is a non-catchment permitting area plant”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
21: Schedule 16, page 480, line 32, leave out sub-paragraph (d) and insert—
“(d) the decision is made—
(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or
(ii) where the plant is a catchment permitting area plant, before the applicable date.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
22: Schedule 16, page 480, line 35, after “(1)(c)(i)” insert “and (d)(i)”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 480, line 32.
23: Schedule 16, page 480, line 38, after “(1)(c)(ii)” insert “and (d)(i)”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 480, line 32.
24: Schedule 16, page 480, line 40, at end insert—
“(c) in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;
(d) in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 480, line 32.
25: Schedule 16, page 481, line 5, after “plant” insert “that is a non-catchment permitting area plant”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
26: Schedule 16, page 481, line 11, leave out from “satisfied” to end of line 12 and insert “—
(a) where the plant is a non-catchment permitting area plant, that the plant will not be able to meet the standard by the upgrade date;
(b) where the plant is a catchment permitting area plant—
(i) that the plant will not be able to meet the standard by the applicable date, or
(ii) that the first effect described in paragraph (3A) will, on the applicable date, be more significant than the second effect described in that paragraph.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
27: Schedule 16, page 481, line 14, leave out from “satisfied” to end of line 15 and insert “—
(a) where the plant is a non-catchment permitting area plant, that the plant will meet the standard by the upgrade date;
(b) where the plant is a catchment permitting area plant—
(i) that the plant will meet the standard by the applicable date, or
(ii) that the first effect described in paragraph (3A) will, on the applicable date, be the same or less significant than the second effect described in that paragraph.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
28: Schedule 16, page 481, line 15, at end insert—
“(3A) For the purposes of paragraphs (2)(b) and (3)(b)—
(a) the “first effect” is the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all plants that discharge into the area;
(b) the “second effect” is the overall effect on the site of nutrients in treated effluent that would be discharged by all plants that discharge into the area if—
(i) the upgrade date that applied to nutrient significant plants that discharge into the area was the same as the applicable date,
(ii) the standard concentration (of nutrients) applied to those nutrient significant plants, and
(iii) those nutrient significant plants were (on that basis) meeting the nutrient pollution standard on the applicable date.”
Member’s explanatory statement
This amendment defines terms used in the amendments to Schedule 16 at page 481, lines 11 and 14.
29: Schedule 16, page 481, line 18, leave out from “regard” to end of line 19 and insert “—
(a) where the plant is a non-catchment permitting area plant, to when the plant can be expected to meet the standard;
(b) where the plant is a catchment permitting area plant, to when—
(i) the plant can be expected to meet the standard, and
(ii) the sewerage undertaker for the plant can be expected to be in compliance with conditions in the environmental permit for the plant imposed in pursuance of section 96G(3)(b) of the Water Industry Act 1991.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
30: Schedule 16, page 482, line 11, at end insert—
““catchment permitting area”;
“environmental permit”;
“habitats site”;”
Member’s explanatory statement
This amendment is consequential on various other amendments to Schedule 16.
31: Schedule 16, page 482, line 14, at end insert—
““nutrient significant plant”;”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 481, line 15.
32: Schedule 16, page 482, line 17, at end insert—
““sensitive catchment area”;”
Member’s explanatory statement
This amendment is consequential on various other amendments to Schedule 16.
33: Schedule 16, page 482, line 18, at end insert—
““standard concentration”;”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 481, line 15.
34: Schedule 16, page 482, line 20, at end insert—
“(1A) In regulations 85A to 85C and this regulation—
“catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a catchment permitting area;
“non-catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a sensitive catchment area other than a catchment permitting area.”
Member’s explanatory statement
This amendment defines terms used in various other amendments to Schedule 16.
35: Schedule 16, page 482, line 22, after “plant,” insert “which is a non-catchment permitting area plant and”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
36: Schedule 16, page 482, line 28, leave out “96F(1) or (2)” and insert “96F(1)(a)(i) or (2)(a)(i), under section 96C(6)(e) or 96D(5) or by virtue of regulations made under section 96D(11)”
Member’s explanatory statement
This amendment is consequential on amendments agreed at Report stage to Clause 173.
37: Schedule 16, page 482, line 29, at end insert—
“(3) For the purposes of regulations 85A to 85C, the “applicable date”, in relation to a catchment permitting area, is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991.
(4) For the purposes of regulation 85C(3A)—
(a) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site;
(b) “nutrients”—
(i) in relation to an area designated under section 96C(2) of the Water Industry Act 1991, means nutrients comprising nitrogen or compounds of nitrogen;
(ii) in relation to an area designated under section 96C(3) of that Act, means nutrients comprising phosphorus or compounds of phosphorus.”
Member’s explanatory statement
This amendment defines terms used in various other amendments to Schedule 16.
38: Schedule 16, page 483, line 19, leave out sub-paragraph (d) and insert—
“(d) the decision is made—
(i) where the plant is a non-catchment permitting area plant, before the upgrade date, or
(ii) where the plant is a catchment permitting area plant, before the applicable date.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
39: Schedule 16, page 483, line 21, after “(1)(c)(i)” insert “and (d)(i)”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 483, line 19.
40: Schedule 16, page 483, line 24, after “(1)(c)(ii)” insert “and (d)(i)”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 483, line 19.
41: Schedule 16, page 483, line 26, at end insert—
“(c) in a case within paragraph (1)(c)(i) and (d)(ii), that the plant will meet the nitrogen nutrient pollution standard on and after the applicable date;
(d) in a case within paragraph (1)(c)(ii) and (d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the applicable date.”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 483, line 19.
42: Schedule 16, page 483, line 32, after “plant” insert “that is a non-catchment permitting area plant”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
43: Schedule 16, page 484, line 11, leave out from “satisfied” to end of line 12 and insert “—
(a) where the plant is a non-catchment permitting area plant, that the plant will not be able to meet the standard by the upgrade date;
(b) where the plant is a catchment permitting area plant—
(i) that the plant will not be able to meet the standard by the applicable date, or
(ii) that the first effect described in paragraph (3A) will, on the applicable date, be more significant than the second effect described in that paragraph.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
44: Schedule 16, page 484, line 14, leave out from “satisfied” to end of line 15 and insert “—
(a) where the plant is a non-catchment permitting area plant, that the plant will meet the standard by the upgrade date;
(b) where the plant is a catchment permitting area plant—
(i) that the plant will meet the standard by the applicable date, or
(ii) that the first effect described in paragraph (3A) will, on the applicable date, be the same or less significant than the second effect described in that paragraph.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
45: Schedule 16, page 484, line 15, at end insert—
“(3A) For the purposes of paragraphs (2)(b) and (3)(b)—
(a) the “first effect” is the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all plants that discharge into the area;
(b) the “second effect” is the overall effect on the site of nutrients in treated effluent that would be discharged by all plants that discharge into the area if—
(i) the upgrade date that applied to nutrient significant plants that discharge into the area was the same as the applicable date,
(ii) the standard concentration (of nutrients) applied to those nutrient significant plants, and
(iii) those nutrient significant plants were (on that basis) meeting the nutrient pollution standard on the applicable date.”
Member’s explanatory statement
This amendment defines terms used in the amendments to Schedule 16 at page 484, lines 11 and 14.
46: Schedule 16, page 484, line 18, leave out from “regard” to end of line 19 and insert “—
(a) where the plant is a non-catchment permitting area plant, to when the plant can be expected to meet the standard;
(b) where the plant is a catchment permitting area plant, to when—
(i) the plant can be expected to meet the standard, and
(ii) the sewerage undertaker for the plant can be expected to be in compliance with conditions in the environmental permit for the plant imposed in pursuance of section 96G(3)(b) of the Water Industry Act 1991.”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
47: Schedule 16, page 485, line 11, at end insert—
““catchment permitting area”;
“environmental permit”;
“habitats site”;”
Member’s explanatory statement
This amendment is consequential on various other amendments to Schedule 16.
48: Schedule 16, page 485, line 14, at end insert—
““nutrient significant plant”;”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 484, line 15.
49: Schedule 16, page 485, line 17, at end insert—
““sensitive catchment area”;”
Member’s explanatory statement
This amendment is consequential on various other amendments to Schedule 16.
50: Schedule 16, page 485, line 18, at end insert—
““standard concentration”;”
Member’s explanatory statement
This amendment is consequential on the amendment to Schedule 16 at page 484, line 15.
51: Schedule 16, page 485, line 20, at end insert—
“(1A) In regulations 110A and 110B and this regulation—
“catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a catchment permitting area;
“non-catchment permitting area plant” means a nutrient significant plant that discharges (or will discharge) treated effluent into a sensitive catchment area other than a catchment permitting area.”
Member’s explanatory statement
This amendment defines terms used in various other amendments to Schedule 16.
52: Schedule 16, page 485, line 21, after “plant,” insert “which is a non-catchment permitting area plant and”
Member’s explanatory statement
This amendment, which is consequential on amendments agreed at Report stage, amends the provision to be inserted into the Conservation of Habitats and Species Regulations 2017 by Schedule 16 so that provision functions in relation to catchment permitting areas.
53: Schedule 16, page 485, line 28, leave out “96F(1) or (2)” and insert “96F(1)(a)(i) or (2)(a)(i), under section 96C(6)(e) or 96D(5) or by virtue of regulations made under section 96D(11)”
Member’s explanatory statement
This amendment is consequential on amendments agreed at Report stage to Clause 173.
54: Schedule 16, page 485, line 29, at end insert—
“(3) For the purposes of regulations 110A and 110B, the “applicable date”, in relation to a catchment permitting area, is to be determined in accordance with section 96G(6)(a) of the Water Industry Act 1991.
(4) For the purposes of regulation 110B(3A)—
(a) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site;
(b) “nutrients”—
(i) in relation to an area designated under section 96C(2) of the Water Industry Act 1991, means nutrients comprising nitrogen or compounds of nitrogen;
(ii) in relation to an area designated under section 96C(3) of that Act, means nutrients comprising phosphorus or compounds of phosphorus.”
Member’s explanatory statement
This amendment defines terms used in various other amendments to Schedule 16.