Moved by
Baroness Scott of Bybrook
247YYB: Clause 160, page 193, line 36, at end insert—
“(3A) Where—
(a) the nutrient significant plant referred to in paragraph (1) is a plant that discharges treated effluent into a catchment permitting area (see section 96FA of the Water Industry Act 1991), and
(b) the sewerage undertaker has failed to comply with a condition in the environmental permit for the plant imposed in pursuance of subsection (3)(b) of that section,
the definition of “excess nutrient pollution” in paragraph (3) is subject to the following modifications.
(3B) In a case where the condition relates to the total nutrient pollution discharged by the plant specifically, references in that definition to the “upgrade date” are to be read as the “applicable date”.
(3C) In a case where the condition relates to the total nutrient pollution discharged by all plants that discharge into the associated catchment area, that definition is to be read as if—
(a) in the words before paragraph (a), after “by the plant” there were inserted “and all other plants that discharged into the associated catchment area for that plant”,
(b) in paragraph (a), for “upgrade date” there were substituted “applicable date”, and
(c) in the words after paragraph (b)—
(i) for “that it” there were substituted “that both it and those other plants”, and
(ii) for “upgrade date” there were substituted “applicable date”.
(3D) For the purposes of paragraph (3) as modified by paragraph (3B) or (3C), the “applicable date” is to be determined in accordance with section 96FA(6)(a) of the Water Industry Act 1991.”
Member’s explanatory statement
This amends the provision to be inserted into the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 by clause 160 so that provision functions in relation to catchment permitting areas, introduced by the second amendment in my name to clause 158 at page 188, line 22.
247YYC: Clause 160, page 194, line 10, leave out “96C” and insert “96C(1) or (2)”
Member’s explanatory statement
This amendment is consequential on the second amendment in my name to clause 158 at page 184, line 32.
247YYD: Clause 160, page 194, line 17, at end insert—
““catchment permitting area”;
“environmental permit”;”
Member’s explanatory statement
This amendment is consequential on the amendment to clause 160 at page 193, line 36.