Vote Bundle Text (900511-04)

Amendments proposed to the Countryside and Rights of Way Bill - continued	House of Commons

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Mrs Helen Brinton

415

Schedule 9, page 67, line 4, after 'out', insert 'or cause or permit to be carried out'.

Mrs Helen Brinton

416

Schedule 9, page 67, line 7, after 'out', insert 'or causing or permitting them to be carried out'.

Mrs Helen Brinton

419

Schedule 9, page 67, line 15, leave out '(if at all)'.

Mrs Helen Brinton

420

Schedule 9, page 67, line 16, after 'Council', insert '(including what less damaging alternatives have been considered and the reasons why the importance of the operation overrides the special interest of that part of the site affected)'.

Mrs Helen Brinton

417

Schedule 9, page 67, line 19, after 'out', insert 'or cause or permit to be carried out'.

Mrs Helen Brinton

421

Schedule 9, page 67, line 24, at end insert—

'(7) Where the Council does not assent to the proposed operation or assents to the proposed operation but with conditions, any dispute between the Council and a statutory undertaker shall be determined by a person appointed for the purpose—

(a) by agreement between the Council and the section 28E authority; or

(b) failing such an agreement, by the Secretary of State, and on any such reference the person so appointed may confirm the decision of the Council or give the section 28E authority such directions as he think appropriate.'.

Ms Candy Atherton

606

Schedule 9, page 67, line 24, at end insert—

'(7) The authority shall, after consultation with the Nature Conservancy Council, restore the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest to its former condition where practicable and where not practicable shall provide suitable compensation.'.

Mrs Helen Brinton

418

Schedule 9, page 67, line 25, leave out from beginning to end of line 3 on page 68.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

617

Schedule 9, page 67, line 40, at end insert 'and shall take into account any conditions imposed by any existing management agreement'.

Mr David Heath

486

Schedule 9, page 68, line 12, at end insert—

'( ) enhancing them; or'.

Mr David Heath

487

Schedule 9, page 68, line 13, leave out 'both' and insert 'all of these'.

Mr David Heath

488

Schedule 9, page 69, line 25, after 'conserved', insert ', enhanced'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

637

Schedule 9, page 69, line 30, after 'conclude', insert 'following arbitration under section 50,'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

638

Schedule 9, page 69, line 43, at end insert ', and in all cases where the Council serves such a notice the Council shall defray any costs necessarily incurred by the owner or occupier in complying with the notice'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

639

Schedule 9, page 71, line 42, at end insert—

'(2A) The Council shall make one or more payments to any owner or occupier of land in relation to which a management notice under section 28I is in force who necessarily incurs costs by reason of undertaking the work or other things specified in the notice.'.

Mr David Heath

489

Schedule 9, page 72, line 3, after 'interest', insert 'or land which in the opinion of the Council would be desirable for the purpose of securing the special interest of a site of special scientific interest, conserving species listed in Schedules 1, 5 or 8 to the Wildlife and Countryside Act 1981, or conserving species and habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

640

Schedule 9, page 72, line 6, leave out 'on terms appearing to them to be reasonable,' and insert 'following the exercise of its powers under sections 28H and 28I and the hearing of any appeal under section 28J,'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

641

Schedule 9, page 72, line 19, at end insert—

'(c) enter into a management agreement with another person, or lease it, or any interest in it (other than a freehold interest)'.

Mr David Heath

490

Schedule 9, page 73, line 3, leave out 'or damages' and insert ', damages or disturbs'.

Mr David Heath

491

Schedule 9, page 73, line 5, after 'interest', insert 'or the habitats or species upon which the notified interest depends'.

Mr David Lepper
Mr Gordon Prentice

467

Schedule 9, page 73, line 5, leave out from 'interest' to end of line 7.

Mr David Lepper
Mr Gordon Prentice

465

Schedule 9, page 73, line 23, leave out paragraph 2 and insert—

'2.—(1) Section 29 of the 1981 Act (special protection for certain areas of special scientific interest) shall be amended as follows.

(2) In the title, the words "of special scientific interest" are omitted.

(3) In subsection (1)(a) for the words "securing the survival in Great Britain of any kind of animal or plant or of complying with an international obligation" there is substituted "conserving species listed in Schedules 1, 5 or 8 of the Wildlife and Countryside Act 1981, and species and habitats which in the opinion of the Secretary of State are priorities for action under the Convention on Biological Diversity".

(4) In subsection (1)(b), after "features", there is inserted "notified as being of special interest".

(5) In subsection (3), the words "Subject to subsection (4)," are omitted.

(6) Subsections (2), (4), (5), (6), (7) and (10) are omitted.

(7) After subsection (11) there is inserted—

Mr David Lepper
Mr Gordon Prentice

466

Schedule 9, page 73, line 34, after '28M(5)', insert 'or 29'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

618

Clause 64, page 34, line 38, at end insert—

'(d) notify the local planning authority in whose area the land is situated;

(e) notify the Environment Agency;

(f) notify every owner and occupier of any of that land; and

(g) notify any other appropriate body'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

619

Clause 66, page 35, line 31, after 'with', insert 'on or'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

620

Clause 66, page 36, line 5, leave out 'the' and insert 'or in relation to'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

621

Clause 66, page 36, line 8, leave out 'the' and insert 'or in relation to'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

622

Clause 66, page 36, leave out line 29 and insert—

'(d) take such samples of the land as relate to the designation or potential designation and integrity of the site as a site of special scientific interest and take such samples of anything from or on the land which may adversely affect the site and its designation and integrity'.

Mr James Paice
Mr Damian Green
Mr Geoffrey Clifton-Brown

642

Clause 66, page 36, line 29, at end add—

'and on leaving any land upon which he has so entered, shall leave it as effectively secured against unauthorised entry as he found it.

( ) It shall be the duty of the relevant authority to compensate any person who has sustained damage by reason of—

(a) the exercise by a person authorised by the relevant authority of any powers conferred on him by virtue of this section; or

(b) the failure of a person so authorised to perform the duty imposed on him by subsection (3a) above,

except where the damage is attributable to the fault of the person who sustained it; and any dispute as to a person's entitlement to compensation in pursuance of this subsection or as to the amount of the compensation shall be determined by arbitration.'.

Ms Candy Atherton

602

Schedule 11, page 76, line 18, leave out '1(5) and 9(4)' and insert '1(1), 1(5), 3(1)(a), 9(1), 9(4), 13(1)(a) and 13(1)(b).'.