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New Clause 5
General interpretation
'(1) In this Act—
"the appropriate nature conservation body" means—
(a) in relation to the sea in or adjacent to England, or land covered by tidal waters in or adjacent to England, English Nature;
(b) in relation to the sea in or adjacent to Wales, or land covered by tidal waters in or adjacent to Wales, the Countryside Council for Wales;
"the confirming authority" means—
(a) the Secretary of State, as respects a notification or byelaws made by English Nature;
(b) the National Assembly for Wales, as respects a notification or byelaws made by the Countryside Council for Wales;
"competent marine authority" means—
(a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)) or a Government department;
(b) the National Assembly for Wales;
(c) in England, a county, district or London borough council, or the Common Council of the City of London;
(d) in Wales, a county council or county borough council;
(e) a person holding an office—
(i) under the Crown,
(ii) created or continued in existence by a public general Act of Parliament, or
(iii) the remuneration in respect of which is paid out of money provided by Parliament;
(f) statutory undertaker (meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990 (c. 8)); and
(g) any other public body of any description;
"European marine site" means a European marine site which is included in the European sites register maintained by the Secretary of State or the National Assembly for Wales under the Natural Habitats Regulations;
"the Habitats Directive" means Council Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora, as amended from time to time;
"the Natural Habitats Regulations" means the Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), as they have effect from time to time;
"the sea adjacent to Wales" is to be construed in accordance with Article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as that Article may be amended or replaced from time to time by Order under the Government of Wales Act 1998 (c. 38);
"the Wild Birds Directive" means Council Directive 79/409/EEC on the conservation of wild birds, as amended from time to time.'
(2) The Secretary of State may by order made by statutory instrument amend the definition of "competent marine authority" in relation to marine sites of special interest which are the subject of a notification by English Nature.
(3) The National Assembly for Wales may by order made by statutory instrument amend the definition of "competent marine authority" in relation to marine sites of special interest which are the subject of a notification by the Countryside Council for Wales.
(4) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.'.—[Mr. Meacher.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 6
Notification of marine sites
'(1) If the appropriate nature conservation body is of the opinion that a marine area is a marine site of special interest by reason of any of its flora, fauna, or geological or physiographical features, it may notify that fact.
(2) The confirming authority must, after consulting the appropriate nature conservation body, publish criteria in accordance with which the bodies are to determine whether a marine area is a marine site of special interest for the purposes of this Act.
(3) The confirming authority may, after consulting the appropriate nature conservation bodies, revise criteria published under subsection (2).
(4) If a body decides to make a notification under subsection (1), it must notify—
(a) the confirming authority;
(b) so far as reasonably practicable, each competent marine authority which exercises functions in relation to the marine area;
(c) any other competent marine authority which in the opinion of the body should be notified;
(d) any other person who the body is directed by the confirming authority to notify.
(5) The body must also publish the notification, on as many occasions as the confirming authority may direct, in—
(a) the London Gazette;
(b) at least one local newspaper circulating in an area near to the marine area; and
(c) such other publications as the confirming authority may direct.
(6) A notification under this section has effect from the date on which it is first published in the London Gazette.'.—[Mr. Meacher.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
Further provisions about notification
'(1) A notification under section 1 must specify the time (not being less than three months from the date of the giving of the notification) within which representations or objections with respect to it may be made to the confirming authority.
(2) A notification must also—
(a) specify the flora, fauna, or geological or physiographical features by reason of which the marine area is a marine site of special interest;
(b) contain a statement of the appropriate nature conservation body's objectives in relation to the conservation of that flora or fauna, or those features ("the conservation objectives") and the body's views about how the site should be managed for the purpose of achieving those objectives.
(3) The confirming authority, having regard to any representations or objections made under subsection (1), may before the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette, give notice to the appropriate nature conservation body that the notification is—
(a) confirmed;
(b) withdrawn; or
(c) modified;
and the notice must include a statement of reasons for a withdrawal or modification.
(4) The notification may be modified by the confirming authority only by—-
(a) reducing the size of the marine site of special interest (but so that the site remains within the boundaries of the site in respect of which the notification was made);
(b) removing the specification of one or more of the species of flora or fauna, or one or more of the geological or physiographical features;
(c) amending the statement relating to the conservation objectives.
(5) A notification ceases to have effect—
(a) at the end of the period of 28 days beginning with the day on which notice is given to the appropriate nature conservation body that the notification is withdrawn;
(b) if no notice is given under subsection (3), at the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette.
(6) A notification has effect as modified by a notice under subsection (3) at the end of the period of 28 days beginning with the day on which notice of the modification is given to the appropriate nature conservation body.
(7) The appropriate nature conservation body must so far as reasonably practicable notify each person who was notified under section 1(4)(b) to (d)—
(a) of a notice of confirmation, withdrawal or modification under subsection (3); or
(b) that no notice has been given under subsection (3) before the end of the period of nine months mentioned in subsection (5)(b).'.—[Mr. Meacher.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 8
Modification or denotification
'(1) The appropriate nature conservation body may notify a modification of a notification—
(a) at any time after notice confirming the notification is given; or
(b) if the notification is modified by the confirming authority, at any time after the notification has effect as modified.
(2) If the appropriate nature conservation body is of the opinion that a marine area is no longer a marine site of special interest by reason of any of the matters specified in section 1(1), a modification under subsection (1) may cancel the notification in respect of the area.
(3) If the body decides to make a notification under subsection (1), it must notify—
(a) the confirming authority;
(b) so far as reasonably practicable, each competent marine authority which exercises functions in relation to the marine area;
(d) any other person who the body is directed by the confirming authority to notify.
(4) The body must also publish the notification, on as many occasions as the confirming authority may direct, in—
(a) the London Gazette;
(b) at least one local newspaper circulating in or near to the marine area; and
(c) such other publications as the confirming authority may direct.
(5) A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), has effect from the date on which it is first published in the London Gazette.
(6) A notification under subsection (1) must specify the time (not being less than three months from the date of the giving of the notification) within which representations or objections with respect to it may be made to the confirming authority.
(7) The confirming authority, having regard to any representations or objections made under subsection (6), may before the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette, give notice to the appropriate nature conservation body that the notification is—
(a) confirmed;
(b) withdrawn; or
(c) modified;
and the notice must include a statement of the reasons for a withdrawal or modification.
(8) If a notification under subsection (1) would reduce the size of the site or cancel the notification, the confirming authority may modify that part of the notification only by increasing the size of the marine site (but so that the site remains within the boundaries of the site in respect of which the notification which is proposed to be modified was made).
(9) Apart from that, the confirming authority may modify the notification only by—
(a) removing or reinstating the specification of one or more of the species of flora or fauna, or one or more of the geological or physiographical features;
(b) amending the statement relating to the conservation objectives.
(10) A notification under subsection (1) which is a cancellation as mentioned in subsection (2)—
(a) has effect, or has effect as modified, at the end of the period of 28 days beginning with the day on which notice is given under subsection (7) to the appropriate nature conservation body that the notification is confirmed or modified;
(b) if no such notice is given or notice is given that the notification is withdrawn, does not have effect.
(11) A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), ceases to have effect—
(a) at the end of the period of 28 days beginning with the day on which notice is given to the appropriate nature conservation body that the notification is withdrawn;
(b) if no notice is given under subsection (7), at the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette.
(12) A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), has effect as modified by a notice under subsection (7) at the end of the period of 28 days beginning with the day on which notice of the modification is given to the appropriate nature conservation body.
15 Mar 2002 : Column 1169
(13) The appropriate nature conservation body must so far as reasonably practicable notify each person who was notified under subsection (3)(b) to (d)—
(a) of a notice of confirmation, withdrawal or modification under subsection (7); or
(b) that no notice has been given under subsection (7) before the end of the period of nine months mentioned in subsection (11)(b).'.—[Mr. Meacher.]
Brought up, read the First and Second time, and added to the Bill.
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