S.C.B.
Amendment Paper as at
Thursday 18th May 2000
STANDING COMMITTEE B
New Amendments handed in are marked thus *
COUNTRYSIDE AND RIGHTS OF WAY BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [9th May], as follows:—
Clauses 32 to 42, Schedule 4, Clauses 43 to 47, Schedule 5, Clause 48, Clauses 53 to 59, Schedule 8, Clauses 60 and 61, Clauses 49 and 50, Schedule 6, Clause 51, Schedule 7, Clause 52, Clause 62, Schedule 9, Clause 63, Schedule 10, Clauses 64 to 67, Schedule 11, Clauses 68 to 72, Schedule 12, Clauses 73 and 74, new Clauses, new Schedules.
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 Michael Meacher
696
Schedule 9, page 69, line 45, leave out '28K(4) to (6)' and insert '28K(2) to (4)'.
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—
"(12) This section does not apply to owners and occupiers of land which is a site of special scientific interest".'.
Mr Michael Meacher
Mr David Lepper
660
Schedule 9, page 73, line 31, after '28M(1)', insert ', (2)'.
Mr David Lepper
661
Schedule 9, page 73, line 33, leave out 'on which it was carried out'.
Mr David Lepper
Mr Gordon Prentice
466
Schedule 9, page 73, line 34, after '28M(5)', insert 'or 29'.
Mr Michael Meacher
698
Schedule 9, page 73, line 45, leave out ' "site' and insert—
'"notice" and "notification" mean notice or notification in writing;
Mr Michael Meacher
673
Clause 63, page 34, line 23, after 'Act' insert 'and also makes other consequential amendments'.
Mr Michael Meacher
674
Clause 63, page 34, line 24, leave out subsection (2).
Mr Michael Meacher
699
Schedule 10, page 76, line 15, at end insert—
'Part II
Other amendments
The Conservation of Seals Act 1970 (c. 30)
3. In section 10 of the Conservation of Seals Act 1970 (power to grant licences to kill or take seals), in subsection (4), for paragraph (b) there is substituted—
"(b) is a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981); or".
The Highways Act 1980 (c. 66)
4. In section 105A of the Highways Act 1980 (environmental impact assessments), in subsection (6), for paragraph (a) there is substituted—
"(a) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".
The Channel Tunnel Act 1987 (c. 53)
5. In section 9 of the Channel Tunnel Act 1987 (planning permission), for subsection (7) there is substituted—
"(7) Section 28G of the Wildlife and Countryside Act 1981 (statutory undertakers: duty in relation to authorising operations) shall not apply in relation to any operation which is connected with the carrying out of any works authorised to be carried out by this Act and which is carried out within the limits of land to be acquired for any of those works, and neither shall the following—
(a) sections 28C(1) (prohibition of operations on land forming part of a site of special scientific interest), in relation to an owner or occupier other than an authority to which section 28E of that Act applies;
(b) sections 28E(2) (general duty of statutory undertakers) and 28F (duty of statutory undertakers when carrying out operations), in relation to such an authority."
The Town and Country Planning Act 1990 (c. 8)
6. In section 87 of the Town and Country Planning Act 1990 (exclusion of certain descriptions of land or development from a simplified planning development), in subsection (1), for paragraph (f) there is substituted—
"(f) land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981).".
The Environmental Protection Act 1990 (c. 43)
7. In section 36 of the Environmental Protection Act 1990 (grant of waste management licences), in subsection (7), for "land which has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (protection for certain areas)" there is substituted "within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981)".
The Water Industry Act 1991 (c. 56)
8. In section 156 of the Water Industry Act 1991 (restriction on disposals of land), in subsection (8), for paragraph (b) in the definition of "area of outstanding natural beauty or special scientific interest" there is substituted—
"(b) is a site of special scientific interest within the meaning of the Wildlife and Countryside Act 1981;".
The Environment Act 1995 (c. 25)
9. In Schedule 13 to the Environment Act 1995 (review of old mineral planning permissions), for paragraph 2(4)(b) there is substituted—
"(b) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".
The Channel Tunnel Rail Link Act 1996 (c. 61)
10. In Schedule 10 to the Channel Tunnel Rail Link Act 1996 (disapplication and modification of miscellaneous controls), for paragraph 6 and the heading preceding it there is substituted—
