I move amendment No. 154c:
In page 41, between lines 7 and 8, to insert the following subsection:
"(2) A local authority may not hold, recover or dispose of waste in a manner which causes, or is likely to cause, environmental pollution."
SECTION 31.
This amendment is unnecessary, because we have already passed a provision in section 32(1), which prohibits any person from holding, recovering or disposing of waste in a manner that causes or is likely to cause environmental pollution. A "person", for the purpose of interpretation, includes a local authority or any corporate body, so the purpose of the amendment proposed by the Deputy is well met, and I ask him to withdraw it.
I take it that the Minister is clear that local authorities will understand that when he refers to "any person", it will also include them. Often, local authorities tend to think of themselves as above the ordinary person, and I would not wish any misunderstanding to arise in this regard.
As this is the only proposed amendment to the section, when the Minister speaks of local authorities, including corporation or borough of any kind and the council of an urban district, does this also include town commissioners?
I am informed not.
Is there a reason it does not include town commissioners?
It is, apparently, the statutory enactment that defines the competence of town commissions. Those of us who work with town commissioners know that they are very circumscribe in terms of legal power, and, apparently, it would not be appropriate to subsume them into the definition. However, if the Deputy wishes for this legal fact to be amplified, I will arrange for him to be briefed.
That may be a good idea, in view of the fact that town commissioners are still able to exact a rate on local traders.
They are not. The town commission is not a monetary authority; it cannot levy a rate. In addition, it is not a housing authority, nor a finance authority, so the town commissions do not have any of those functions.
I will pass this information on.
The Minister advised that a local authority may not hold, recover or dispose of waste. I understand we included the word "transport" in this provision by way of amendment.
We did.
Amendment, by leave, withdrawn.
Section 31 agreed to.