Moved by
Baroness Scott of Bybrook (Con)
247A: Clause 158, page 184, line 21, at end insert—
“(1A) In carrying out the duty under subsection (1), a sewerage undertaker must consider whether nature-based solutions, technologies and facilities relating to sewerage and water could be used to meet the standard.”
Member's explanatory statement
This amendment requires sewerage undertakers to consider using nature-based solutions in the course of meeting the nutrient pollution standard.
247B: Clause 158, page 184, line 32, leave out “Sensitive” and insert “Nutrient affected and sensitive”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247C: Clause 158, page 184, line 32, at end insert—
“(A1) Where the Secretary of State considers that a habitats site that is wholly or partly in England is in an unfavourable condition by virtue of pollution from nutrients in water of any kind, the Secretary of State must designate the catchment area for the habitats site as a nutrient affected catchment area.”
Member's explanatory statement
This amendment requires the Secretary of State to designate the catchment areas for habitats sites in an unfavourable condition due to nutrient pollution as “nutrient affected catchment areas”.
247D: Clause 158, page 184, line 35, after “nutrients” insert “in water”
Member's explanatory statement
This amendment clarifies that the nutrients comprising nitrogen or compounds of nitrogen must be in water.
247E: Clause 158, page 185, line 1, after “nutrients” insert “in water”
Member's explanatory statement
This amendment clarifies that the nutrients comprising phosphorus or compounds of phosphorus must be in water.
247F: Clause 158, page 185, line 6, after “pollution” insert “from nutrients in water of any kind, or”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247G: Clause 158, page 185, line 8, at end insert “or
(c) whether to exercise the power in subsection (4)(e),”
Member's explanatory statement
This amendment is consequential on the amendment to clause 158 at page 185, line 20.
247H: Clause 158, page 185, line 11, at end insert—
“(3A) A designation under subsection (A1)—
(a) must be in writing,
(b) must be published as soon as practicable after being made, and
(c) takes effect—
(i) on the day specified in the designation, or
(ii) if none is specified, on the day on which it is made.”
Member's explanatory statement
This amendment imposes procedural requirements in relation to the duty created by the second amendment in my name to clause 158 at page 184, line 32.
247J: Clause 158, page 185, line 20, at end insert “, and
(e) may specify the concentration that applies to a plant (which discharges into the catchment area) in relation to a nutrient pollution standard instead of the standard concentration.”
Member's explanatory statement
This amendment allows the Secretary of State to specify the maximum permissible concentration of nitrogen or phosphorus in treated effluent discharged by a plant (instead of the concentration specified in section 96F).
247K: Clause 158, page 185, line 22, at end insert—
“(5A) Before specifying a concentration under subsection (4)(e), the Secretary of State must consult the Environment Agency.
(5B) A concentration specified under subsection (4)(e) ceases to have effect if, after the day on which the designation is made, the plant becomes an exempt plant.”
Member's explanatory statement
This amendment deals with procedural matters related to the power created by the amendment to clause 158 at page 185, line 20.
247L: Clause 158, page 185, line 25, after “subsection” insert “(A1),”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247M: Clause 158, page 186, line 13, at end insert—
“(4A) A designation under subsection (2) may specify the concentration that applies to a plant in relation to a nutrient pollution standard instead of the standard concentration.
(4B) Before specifying a concentration under subsection (4A), the Secretary of State must consult the Environment Agency.
(4C) A concentration specified under subsection (4A) ceases to have effect if, after the day on which the designation is made, the plant again becomes an exempt plant.”
Member's explanatory statement
This amendment provides a power equivalent to that created by the amendment to clause 158 at page 185, line 20, for cases where (by virtue of a designation made by the Secretary of State) an exempt plant later becomes subject to the nutrient pollution standard.
247N: Clause 158, page 186, line 17, leave out “Subsection (7) applies” and insert “Subsections (7) and (7A) apply”
Member's explanatory statement
This amendment is consequential on the amendment to clause 158 at page 186, line 25.
247P: Clause 158, page 186, line 25, at end insert—
“(7A) The regulations may provide for the Secretary of State to specify the concentration that applies to a plant that ceases, by virtue of the regulations, to be an exempt plant in relation to a nutrient pollution standard instead of the standard concentration; and, if such provision is made, the regulations must—
(a) require that the Secretary of State consult the Environment Agency before specifying a concentration;
(b) provide for any specified concentration to cease to have effect if, after the day on which the plant ceases to be an exempt plant, the plant again becomes an exempt plant.”
Member's explanatory statement
This amendment provides an enabling power equivalent to the power created by the amendment to clause 158 at page 185, line 20, for cases where (by virtue of regulations) an exempt plant later becomes subject to the nutrient pollution standard
247Q: Clause 158, page 186, line 33, at end insert—
“(10) References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.”
Member's explanatory statement
This amendment, which is consequential on the second amendment in my name to clause 158 at page 188, line 22, clarifies the meaning of existing references to the designation of catchment areas.
247R: Clause 158, page 186, line 36, after “(2)” insert “or (2A)”
Member's explanatory statement
This amendment is consequential on the amendment to clause 158 at page 187, line 10.
247S: Clause 158, page 187, line 10, at end insert—
“(2A) Where the associated catchment area has ceased to be a catchment permitting area and a date has been specified under section 96FB(4)(c), that date is the upgrade date.”
Member's explanatory statement
This amendment provides for an alternative upgrade date where the sensitive catchment area has also been designated as a catchment permitting area (see the second amendment in my name to clause 158 at page 188, line 22) and that designation is later revoked.
247T: Clause 158, page 187, line 12, at end insert—
“(4) References in this section to the designation of an associated catchment area are to its designation as a sensitive catchment area.”
Member's explanatory statement
This amendment, which is consequential on the second amendment in my name to clause 158 at page 188, line 22, clarifies the meaning of existing references to the designation of catchment areas.
247U: Clause 158, page 187, line 15, leave out from “if” to end of line 16 and insert “—
(a) where the associated catchment area is not a catchment permitting area (see section 96FA), the concentration of total nitrogen in treated effluent that the plant discharges is not more than—
(i) 10 mg/l, or
(ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(4A) or by virtue of regulations made under section 96D(7A), that concentration;
(b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96FA(3)(b).”
Member's explanatory statement
This amendment provides for the nutrient pollution standard to be met through (i) the concentration specified under the powers created by the amendments to clause 158 at page 185, line 20, page 186, line 13, and page 186, line 25 or (ii) compliance with conditions imposed under provision inserted by the second amendment in my name to clause 158 at page 188, line 22.
247V: Clause 158, page 187, line 18, leave out from “if” to end of line 19 and insert “—
(a) where the associated catchment area is not a catchment permitting area, the concentration of total phosphorus in treated effluent that the plant discharges is not more than—
(i) 0.25 mg/l, or
(ii) where a different concentration applies to the plant under section 96C(4)(e) or 96D(4A) or by virtue of regulations made under section 96D(7A), that concentration;
(b) where the associated catchment area is a catchment permitting area, the sewerage undertaker is complying with any condition in the environmental permit for the plant imposed in pursuance of section 96FA(3)(b).”
Member's explanatory statement
This amendment provides for the nutrient pollution standard to be met through (i) the concentration specified under the powers created by the amendments to clause 158 at page 185, line 20, page 186, line 13, and page 186, line 25 or (ii) compliance with conditions imposed under provision inserted by the second amendment in my name to clause 158 at page 188, line 22.
247W: Clause 158, page 188, line 19, at end insert—
“(ca) make provision in relation to section 96FA, including—
(i) the determination of compliance with conditions in environmental permits imposed in pursuance of section 96FA(3)(b);
(ii) in connection with any kind of plant;”
Member's explanatory statement
This amendment provides for regulations under the new section 96F(5) of the Water Industry Act 1991 (determination of nutrient levels in treated effluent) to apply in connection with the provision inserted by the second amendment in my name to clause 158 at page 188, line 22.
247X: Clause 158, page 188, line 22, at end insert—
“(e) make different provision for different purposes or different areas (including different plants within an area).”
Member's explanatory statement
This amendment clarifies that regulations under the new section 96F(5) of the Water Industry Act 1991 may make different provision for different areas, plants or purposes.
247Y: Clause 158, page 188, line 22, at end insert—
“96FA Nutrient pollution standards determined through environmental permitting
(1) The Secretary of State may designate a sensitive catchment area as a catchment permitting area.
(2) In determining whether to make a designation under subsection (1) or to revoke such a designation under section 96FB(3)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, the Environment Agency or Natural England.
(3) Where the Secretary of State makes a designation under subsection (1), the Environment Agency must—
(a) review the environmental permits for the plants that discharge treated effluent into the catchment permitting area that are—
(i) nutrient significant plants, and
(ii) such other plants that the Environment Agency considers appropriate (including such plants within an area that may be determined by the Environment Agency), and
(b) impose conditions on those permits relating to nutrients in treated effluent discharged by those plants—
(i) under Chapter 3 of Part 2 of the Environmental Permitting (England and Wales) Regulations 2016, and
(ii) for the relevant purpose.
(4) The “relevant purpose” is ensuring that, on and after the applicable date, the overall effect on the habitats site associated with the catchment permitting area of nutrients in treated effluent discharged by all the plants that discharge treated effluent into the catchment permitting area is less significant or the same as the overall effect on the site of nutrients in treated effluent that would be discharged by those plants if—
(a) the standard concentration applied to nutrient significant plants, and
(b) the nutrient significant plants were (on that basis) meeting the nutrient pollution standard on and after the applicable date.
(5) For that purpose, a condition imposed on an environmental permit in pursuance of subsection (3)(b) may, in particular—
(a) require, or have the effect of requiring, that the concentration of nutrients in treated effluent discharged by a plant is higher or lower than, or equal to, the standard concentration;
(b) relate to any or all of the plants mentioned in subsection (3)(a), including the concentration of nutrients in treated effluent discharged by those plants.
(6) In subsection (4)—
(a) the “applicable date” means—
(i) where the designation under section 96C(1) or (2) of the area that is the catchment permitting area takes effect during the initial period, 1 April 2030, or
(ii) where that designation takes effect after the initial period, the date specified under section 96C(4)(d) in that designation;
(b) a habitats site is “associated” with a catchment permitting area if water released into the area would drain into the site.
(7) The duty in subsection (3) applies in relation to the grant of an environmental permit for a plant that discharges (or will discharge) treated effluent into the catchment permitting area as if—
(a) paragraph (a) were omitted, and
(b) in paragraph (b)— for “those permits” there were substituted “the permit”; for “those plants” there were substituted “the plant”; for “Chapter 3” there were substituted “Chapter 2”.
(8) It is for the Environment Agency to determine the overall effect on a habitats site of nutrients in treated effluent.
(9) Regulations made by the Secretary of State may specify how such determinations are to be made.
(10) In this section “nutrients”, in relation to an area designated under—
(a) section 96C(1), means nutrients in water comprising nitrogen or compounds of nitrogen;
(b) section 96C(2), means nutrients in water comprising phosphorus or compounds of phosphorus.
96FB
Section 96FA: procedure and revocations
(1) A designation under section 96FA(1) or revocation of such a designation under subsection (3)(c)—
(a) must be in writing,
(b) must be published as soon as practicable after being made, and
(c) takes effect in accordance with subsection (3) or (4) (as appropriate).
(2) A designation under section 96FA(1) may be made at the same time, or at any time after the time, that the designation under section 96C(1) or (2) of the area as a sensitive catchment area is made.
(3) A designation under section 96FA(1)—
(a) if made before the time that the designation under section 96C(1) or (2) takes effect, takes effect at the same time as that designation;
(b) if made after the time that the designation under section 96C(1) or (2) takes effect, takes effect on the day specified in it;
(c) may be revoked.
(4) A revocation under subsection (3)(c)—
(a) takes effect—
(i) on the day specified in the revocation, or
(ii) if none is specified, on the day on which it is made;
(b) has no effect in relation to the designation of the area under section 96C(A1), (1) or (2);
(c) may specify the upgrade date that is to apply in relation to nutrient significant plants (see section 96E(2A)).
(5) In determining whether an upgrade date should be specified under subsection (4)(c), the Secretary of State may take into account, in particular, advice from, or guidance published by, Natural England or the Environment Agency.”
Member's explanatory statement
This amendment allows for a catchment area to be designated as a catchment permitting area. Compliance with the nutrient pollution standard will be determined through the collective performance of all plants that discharge into the area.
247YA: Clause 158, page 188, line 23, leave out “sensitive”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247YB: Clause 158, page 188, line 26, at end insert—
“(za) all the nutrient affected catchment areas,”
Member's explanatory statement
This amendment requires all nutrient affected catchment areas (designated under the duty created by the second amendment in my name to clause 158 at page 184, line 32) to be displayed on a map maintained by the Secretary of State.
247YC: Clause 158, page 188, line 30, before “sensitive” insert “nutrient affected and”
Member's explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247YD: Clause 158, page 189, line 1, leave out “the figure specified in section 96F(1) or (2)” and insert “where the associated catchment area for a plant is not a catchment permitting area, the figure specified in section 96F(1)(a)(i) or (2)(a)(i), under section 96C(4)(e) or 96D(4A) or by virtue of regulations made under section 96D(7A)”
Member's explanatory statement
This amendment is consequential on the amendments to clause 158 at page 185, line 20, page 186, line 13, and page 186, line 25.