P.2018/77 - Committee for the Environment & Infrastructure
The States are asked to decide whether, after consideration of the Policy Letter entitled "Transfrontier Shipment of Waste- Supplementary Policy Letter", dated 7th September 2018, they are of the opinion:-
1. To approve the inclusion in the transfrontier shipment of waste legislation of more detailed and clearer enforcement powers, including powers to seize waste and to enter land and carry out inspections and tests, in relation to enforcing the requirements of the 2006 EU Waste Shipment Regulation and the Guernsey legislation as set out in the Policy Letter.
2. To approve the amendment of the transfrontier shipment of waste legislation to remove the reference, in the provisions relating to the preparation of a management plan for the importation and exportation of waste, to the EU Waste Framework Directive and to add a requirement for the Committee for the Environment & Infrastructure to have regard to-
a) the Basel Convention on the control of transboundary movements of hazardous waste and
their disposal, and
b) the Organisation for Economic Co-operation and Development (OECD) Decision on the control
of transboundary movements of waste destined for recovery operations,
in preparing that plan.
3. To approve the amendment of the transfrontier shipment of waste legislation to include the grounds on which the Director may object to waste shipments into, out of and in transit through Guernsey by adopting certain grounds, with appropriate modifications, set out in the 2006 EU Waste Shipment Regulation.
4. To remove the current exemption, for certain shipments of waste by the States of Guernsey from Alderney to Guernsey, from the requirement for a financial guarantee or equivalent insurance to be in force in respect of the shipment as further outlined in paragraphs 7.1 - 7.6 of the Policy Letter.
5. To approve the draft Ordinance entitled "The Transfrontier Shipment of Waste (Guernsey) Ordinance, 2018 and to direct the same shall have effect as an Ordinance of the States, as set out in Appendix 1.
6. Only if proposition 5 shall have been approved, to approve the proposed States of Guernsey Management Plan for the Importation and Exportation of Waste as set out in Appendix 2 to the Policy letter to take effect on 31st October 2018.
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
