Commons to debate single London Waste Authority today (27/02/2007)

A further attempt to make major changes to the Greater London Authority Bill will take place in the Commons today.  The Commons is due to debate amendments introduced by a group of MPs to establish a single waste authority for London to achieve a more sustainable approach to waste management that will place more emphasis on recycling and reduce the influence of incineration.

The GLA Bill will receive its third reading today in the House.  The start of the debate had a low turnout of MPs with most present on the opposition benches and did not appear to bode well for the amendments.

The changes proposed by MPs Karen Buck, Andrew Dismore, and John Austin are as follows:

Single London Waste Authority

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC1

To move the following Clause:—

‘(1) After section 359 of the GLA Act 1999 (confidential information about waste contracts) insert—

“359A  London Waste Authority

(1) There shall be a body corporate to be known as the London Waste Authority.

(2) The London Waste Authority shall have the functions conferred or imposed on it by this Act, or made exercisable by it under this Act, and any reference in this Act to the functions of the London Waste Authority includes a reference to any functions made exercisable by it under this Act.

(3) The London Waste Authority shall have—

(a) the functions of the waste disposal authority for Greater London for the purposes of Part 2 of the Environmental Protection Act 1990 (c. 43), and

(b) any other such functions as are conferred or imposed on it by this Act.

(4) The London Waste Authority shall exercise its functions—

(a) in accordance with such guidance or directions as may be issued to it by the Mayor under section 359B(1),

(b) for the purpose of facilitating the discharge by the Greater London Authority of the duties under sections 353 to 361E, and

(c) for the purpose of securing or facilitating the implementation of the municipal waste management strategy.

(5) Schedule 29A shall have effect with respect to the London Waste Authority.

(6) The control of places provided for the deposit of household waste in Greater London under section 1(1) of the Refuse Disposal (Amenity) Act 1978 (c. 3) and 51(1)(b) of the Environmental Protection Act 1990 (c. 43) shall transfer to the London Waste Authority.

(7) The authorities established by Parts 2, 3, 4 and 5 of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985 (S.I., 1985/1884) are dissolved, whereupon any remaining property, rights or liabilities are transferred to the London Waste Authority.

359B Directions etc by the Mayor

(1) The Mayor may issue to the London Waste Authority—

(a) guidance as to the manner in which it is to exercise its functions,

(b) general directions as to the manner in which it is to exercise its functions, or

(c) specific directions as to the exercise of its functions.

(2) Directions issued by the Mayor under subsection (1)(c) may include a direction not to exercise a power specified in the direction.

(3) The guidance or directions which may be issued by the Mayor under subsection (1) may include in particular guidance or directions as to the manner in which the London Waste Authority—

(a) is to perform any of its duties, or

(b) is to conduct any legal proceedings.

(4) Any guidance or directions issued under subsection (1) must be issued in writing and notified to such officer of the London Waste Authority as it may from time to time nominate to the Mayor for the purpose.”.

(2) After Schedule 29 of the GLA Act 1999 insert Schedule 29A set out in Schedule [London Waste Authority] to this Act.

(3) Schedule [London Waste Authority - consequential amendments] shall have effect.’.

Powers and duties of the London Waste Authority

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC2

To move the following Clause:—

‘(1) After section 359B of the GLA Act 1999 (inserted by section [London Waste Authority] (1) of this Act) insert—

“359C  Sustainable disposal of waste

When exercising its functions under section 51(1)(a) of the Environmental Protection Act 1990 (c. 43) (functions of waste disposal authorities), the London Waste Authority shall—

(a) do so in a manner calculated to contribute towards the achievement of sustainable development in the United Kingdom,

(b) take into account any policies announced by Her Majesty’s Government with respect to climate change or the consequences of climate change, and

(c) comply with any guidance or directions issued to the London Waste Authority by the Secretary of State or the Mayor with respect to the means by which, or manner in which, the London Waste Authority is to perform the duties imposed on it by paragraph (a) or (b) above.

359D Publicity and advice

(1) The London Waste Authority may promote or undertake publicity in any form.

(2) The London Waste Authority shall promote—

(a) the reduction and reuse of waste in Greater London, and

(b) the sustainable management of waste in Greater London.

(3) The London Waste Authority may advise companies operating in Greater London on the items referred to in subsection (2).

359E Waste management

The London Waste Authority may apply for a waste management licence under section 36 (grant of licences) of the Environmental Protection Act 1990 (c. 43) for the purposes of treating, keeping or disposing of waste that is delivered to it by a person other than a waste collection authority.

359F Power of the London Waste Authority to promote or oppose Bills in Parliament

(1) The London Waste Authority—

(a) may promote a local Bill in Parliament; and

(b) may oppose any local Bill in Parliament.

(2) Subsection (1)(a) applies only if the Greater London Authority—

(a) gives its written consent to the Bill; and

(b) confirms that consent in writing as soon as practicable after the expiration of 14 days after Bill has been deposited in Parliament.

(3) If the Greater London Authority does not confirm the consent as required by subsection (2)(b), it shall give notice of that fact to the London Waste Authority, which shall take all necessary steps for the withdrawal of the Bill.

(4) If the Authority, in giving notice under subsection (3), states that it confirms its consent to the Bill if provisions specified in the notice are omitted or are amended as so specified, the London Waste Authority may, instead of withdrawing the Bill pursuant to subsection (3), take all necessary steps for the omission or, as the case may be, the amendment of the provisions in question in accordance with the notice.

(5) Without prejudice to subsections (2) to (4), the functions conferred on the London Waste Authority by subsection (1)(a) are exercisable subject to, and in accordance with, the provisions of Schedule 29B.

(6) Subsection (1)(b) applies only if the Greater London Authority gives its written consent to the London Waste Authority to oppose the Bill.

(7) If—

(a) the London Waste Authority deposits a petition against a Bill in Parliament, but

(b) the consent required by subsection (6) has not been given before the end of the period of 30 days following the day on which the petition is deposited,

the London Waste Authority shall take all necessary steps for the withdrawal of the petition.

(8) The functions conferred or imposed on the Greater London Authority by this section shall be functions of the Greater London Authority which are exercisable by the Mayor acting on behalf of the Greater London Authority.

(9) Before exercising the functions conferred on the Greater London Authority by subsections (2)(a) or (b), (4) or (6), the Mayor shall consult the Assembly.

359G Joint exercise of functions

(1) The London Waste Authority may discharge any of its functions jointly with one or more local authorities and, where arrangements are in force for them to do so,—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and section 101(2) of the Local Government Act 1972 (c. 70) shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(2) Arrangements made under subsection (1) by the London Waste Authority and one or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the local authorities.

(3) Subsection (2) does not affect arrangements made by virtue of section 20 of the Local Government Act 2000 (c. 22) (joint exercise of functions).”.

(2) In section 360(1) of the GLA Act 1999 for “359” substitute “359G”.

(3) In section 51(4A) of the Environmental Protection Act 1990 (c. 43) after “but” insert “in the case of a waste disposal authority that is not the London Waste Authority”.

(4) After section 51(1) of the Environmental Protection Act 1990 (c. 43) insert—

“(1A) It shall be the duty of the London Waste Authority to arrange for places to be provided at which persons resident in its area may deposit their household waste to be reused or recycled and to make arrangements for the reuse and recycling of such waste.”.

(5) Section 48(2) (duties of waste collection authorities as respects disposal of waste collected) of the Environmental Protection Act 1990 shall not apply to waste collection authorities in Greater London.

(6) After Schedule 29A of the GLA Act 1999 (inserted by section [London Waste Authority] (2) of this Act) insert Schedule 29B set out in Schedule [Promotion of Bills in Parliament by the London Waste Authority] to this Act.’.

Mayor to prepare minerals and waste development scheme

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC3

To move the following Clause:—

‘(1) PCPA 2004 shall be amended as follows—

(a) in section 16(1) after “district council” insert “and the Mayor of London”; and

(b) in section 16(3)(a) after “county council” insert “and the Mayor of London, as appropriate”.

(2) The Town and Country Planning (Local Development) (England) Regulations 2004 (S.I. 2004/2204) shall be amended as follows—

(a) in regulation 3(1)(b)(ii) after “county council” insert “and the Mayor of London”;

(b) in regulation 12(3) after “scheme” insert “prepared by a county council”; and

(c) after regulation 12(3) insert—

“(4) Where paragraph (1) or (2) applies to a minerals and waste development scheme prepared by the Mayor of London, within 2 weeks he must send a copy of—

(a) the scheme, or

(b) the scheme incorporating the revision,

to each local planning authority in Greater London.”.’.

Municipal waste management strategy

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC4

To move the following Clause:—

‘(1) The GLA Act 1999 shall be amended as follows—

(a) omit “municipal” in—

(i) section 353(2)(b) (the Mayor’s municipal waste management strategy), and

(ii) section 353(5)(e); and

(b) in section 355 (duties of waste collection authorities etc.) for “Part II” substitute “Part 2 or section 89 of Part 4”.

(2) After section 357(4) of the GLA Act 1999 insert—

“(4A) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) he shall consult the London Waste Authority.”.’

London waste charging scheme

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC5

To move the following Clause:—

‘After section 359G of the GLA Act 1999 (inserted by section [Powers and duties of the London Waste Authority] (1) of this Act) insert—

“359H  London waste charging scheme

(1) The Mayor may by order make a scheme to charge waste collection authorities in London for the delivery of waste to the London Waste Authority, to be known as the London waste charging scheme.

(2) An order under this section may—

(a) specify charges for the delivery to the London Waste Authority by a waste collection authority of waste;

(b) impose a charge per tonne of delivered waste;

(c) impose separate charges for different types of waste based on the technology or processes used to manage or dispose of such waste;

(d) make different provisions for different cases, including different provisions in relation to different waste collection authorities, circumstances or localities;

(e) provide for the times at which, and the manner in which, the charges prescribed by the scheme are to be paid;

(f) revoke or amend any previous charging scheme; or

(g) contain supplemental, incidental, consequential or transitional provisions for the purposes of the scheme.

(3) The power of the Mayor to make an order under this section includes a power exercisable by order to revoke, amend or re-enact any such order.

(4) An order made by the Mayor under this section shall not have effect unless and until it is confirmed by an order made by the Secretary of State.”.’.

Transfer schemes

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC6

To move the following Clause:—

‘After section 359H of the GLA Act 1999 (inserted by section [London waste charging scheme] of this Act) insert—

“359I Transfer schemes

(1) The power conferred by subsection (2) is exercisable in connection with the establishment of the London Waste Authority.

(2) The London Waste Authority may make one or more schemes for the transfer of property, rights or liabilities from any body falling within subsection (3) to any other such body as specified in or determined in accordance with the scheme.

(3) Those bodies are—

(a) the London Waste Authority,

(b) any subsidiary of the London Waste Authority;

(c) any local authority in Greater London; and

(d) an authority established by Part 2, 3, 4 or 5 of Schedule 1 to the Waste Regulation and Disposal (Authorities) Order 1985 (S.I., 1985/1884).

(4) On a date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme.

(5) A scheme under this section shall not take effect unless and until it has been approved by the Mayor.

(6) Where a scheme under this section is submitted to the Mayor for his approval, he may, after consultation with the London Waste Authority, modify the scheme before approving it.

(7) The transfers which may be made by virtue of a scheme under this section include transfers taking effect before, on or after the dissolution of the joint waste authorities under section 359A(7).

(8) Schedule 12 (which makes further provision in relation to schemes under this section) shall have effect.”.’.

Litter

Ms Karen Buck
Mr Andrew Dismore
John Austin

NC7

To move the following Clause:—

‘(1) Section 360 of the GLA Act 1999 (interpretation) is amended as follows.

(2) In the definition of “waste contract” in subsection (2) for “Part 2 of that Act (waste on land)” substitute “Part 2 (waste on land) or section 89 of Part 4 (Litter etc.) of that Act”.’.

[Source: Parliamentary website.  Part of this article is Parliamentary © 2006-07]