Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
185

(i)
a Welsh, Scottish or Northern Ireland fishing boat,
(ii)
a fishing boat within subsection (7) above, or
(iii)
a fishing boat registered in any country or territory other
than the United Kingdom, the Isle of Man or any of the
Channel Islands;
5
“fishing boat” means any vessel that is being used for fishing or for any
activity relating to fishing;
“Northern Ireland fishing boat” means a fishing boat which is registered
in the United Kingdom under Part 2 of the Merchant Shipping Act 1995
(c. 21) and whose entry in the register specifies a port in Northern
10
Ireland as the port to which the boat is to be treated as belonging;
“Scottish fishing boat” means a fishing boat which is registered in the
United Kingdom under Part 2 of the Merchant Shipping Act 1995 and
whose entry in the register specifies a port in Scotland as the port to
which the boat is to be treated as belonging;
15
“sea fishing” includes fishing for or taking shellfish;
“shellfish” includes crustaceans and molluscs of any kind;
“vessel” includes any ship or boat or any description of vessel used in
navigation;
“Wales” includes the Welsh inshore region;
20
“Welsh fishing boat” means a fishing boat which is registered in the
United Kingdom under Part 2 of the Merchant Shipping Act 1995 and
whose entry in the register specifies a port in Wales as the port to which
the boat is to be treated as belonging.
Crown application
25
289
Application to the Crown
(1)
The provisions of Chapters 1 to 5 of this Part are binding on the Crown.

This is subject to subsection (2).
(2)
No contravention by the Crown of any provision of Chapter 5 is to make the
Crown criminally liable; but the High Court or, in Scotland, the Court of
30
Session may declare unlawful any act or omission of the Crown which
constitutes such a contravention.
(3)
Despite subsection (2), the provisions of Chapters 1 to 5 of this Part apply to
persons in the public service of the Crown as they apply to other persons.
Part 9
35
Coastal access
The coastal access duty
290
The coastal access duty
(1)
Natural England and the Secretary of State must exercise the relevant functions
in order to secure the following objectives.
40
(2)
The first objective is that there is a route for the whole of the English coast
which—

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
186

(a)
consists of one or more long-distance routes along which the public are
enabled to make recreational journeys on foot or by ferry, and
(b)
(except to the extent that it is completed by ferry) passes over land
which is accessible to the public.
(3)
The second objective is that, in association with that route (“the English coastal
5
route”), a margin of land along the length of the English coast is accessible to
the public for the purposes of its enjoyment by them in conjunction with that
route or otherwise, except to the extent that the margin of land is relevant
excepted land.
(4)
The duty imposed on Natural England and the Secretary of State by subsection
10
(1)—
(a)
is referred to in this Part as the coastal access duty, and
(b)
is to be discharged by them in such stages and within such period as
appear to them to be appropriate.
(5)
For the purposes of this section, land is accessible to the public if it is—
15
(a)
land which is available to the public for the purposes of open-air
recreation, by virtue of provision made under section 3A of the CROW
Act and subject to any exclusions or restrictions imposed by or under
Part 1 of that Act (access to the countryside),
(b)
land in England which, for the purposes of section 1(1) of that Act, is
20
treated by section 15(1) of that Act as being accessible to the public
apart from that Act, or
(c)
excepted land in England which is accessible to the public by virtue of
any enactment or rule of law (other than a military lands byelaw).
(6)
Nothing in this section requires Natural England or the Secretary of State, in
25
discharging the coastal access duty so far as it relates to the objective in
subsection (3), to exercise functions so as to secure that any land becomes land
within subsection (5)(b) or (c).
(7)
For the purposes of the coastal access duty, a person is to be regarded as
enabled to make a journey by ferry even if that journey can be made at certain
30
times, or during certain periods, only.
(8)
In this section—
“the 1949 Act” means the National Parks and Access to the Countryside
Act 1949 (c. 97);
“the CROW Act” means the Countryside and Rights of Way Act 2000
35
(c. 37);
“excepted land” has the same meaning as in Part 1 of the CROW Act;
“military lands byelaw” means a byelaw under section 14 of the Military
Lands Act 1892 (c. 43) or section 2 of the Military Lands Act 1900 (c. 56);
“relevant excepted land” means excepted land other than land within
40
subsection (5)(c);
“the relevant functions” means—
(a)
in relation to Natural England—
(i)
its functions under this Part, Part 4 of the 1949 Act (long-
distance routes) and Part 1 of the CROW Act (access to
45
the countryside), and
(ii)
such of its other functions as it considers it appropriate
to exercise for the purpose of securing the objectives in
subsections (2) and (3), and

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
187

(b)
in relation to the Secretary of State—
(i)
the Secretary of State’s functions under this Part, Part 4
of the 1949 Act and Part 1 of the CROW Act, and
(ii)
such of the Secretary of State’s other functions as the
Secretary of State considers it appropriate to exercise for
5
the purpose of securing the objectives in subsections (2)
and (3).
291
General provision about the coastal access duty
(1)
In discharging the coastal access duty, Natural England and the Secretary of
State must comply with the requirements of this section.
10
(2)
They must have regard to—
(a)
the safety and convenience of those using the English coastal route,
(b)
the desirability of that route adhering to the periphery of the coast and
providing views of the sea, and
(c)
the desirability of ensuring that so far as reasonably practicable
15
interruptions to that route are kept to a minimum.
(3)
They must aim to strike a fair balance between the interests of the public in
having rights of access over land and the interests of any person with a relevant
interest in the land.
(4)
For this purpose a person has a relevant interest in land if the person—
20
(a)
holds an estate in fee simple absolute in possession in the land,
(b)
holds a term of years absolute in the land, or
(c)
is in lawful occupation of the land.
292
The coastal access scheme
(1)
Natural England must—
25
(a)
prepare a scheme setting out the approach it will take when
discharging the coastal access duty, and
(b)
submit the scheme to the Secretary of State.
(2)
The Secretary of State may—
(a)
approve the scheme, with or without modifications, or
30
(b)
reject the scheme and give Natural England a notice requiring it to
prepare and submit a new scheme under subsection (1).
(3)
The scheme must be submitted to the Secretary of State within the period of 12
months beginning with the day on which this section comes into force or, in a
case within subsection (2)(b), within the period specified in the notice.
35
(4)
Natural England may, with the approval of the Secretary of State, revise a
scheme approved under this section.
(5)
A scheme approved under this section (and any revised scheme) must set out
the approach Natural England will take when deciding, for the purposes of
section 55A(4) of the 1949 Act, whether it would be appropriate for an access
40
authority to carry out any preliminary activity (within the meaning of section
55A(3) of that Act).

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
188

(6)
The Secretary of State must lay before Parliament a copy of the scheme
approved under this section and, where that scheme is revised, a copy of the
revised scheme.
(7)
Before preparing or revising a scheme under this section, Natural England
must consult such persons as it considers appropriate.
5
(8)
Natural England must, as soon as reasonably practicable, publish in such
manner as it considers appropriate—
(a)
the scheme approved by the Secretary of State, and
(b)
where that scheme is revised, the revised scheme.
(9)
In discharging the coastal access duty, Natural England must act in accordance
10
with the scheme approved under this section (or, where that scheme has been
revised, the revised scheme).
(10)
Until such time as there is an approved scheme under this section, Natural
England may not prepare or submit a report under section 51 or 55 of the 1949
Act (report containing proposals for long-distance routes) pursuant to the
15
coastal access duty.
(11)
Nothing in subsection (10) prevents Natural England from surveying any land
in connection with the preparation of such a report.
293
Review of the coastal access scheme
(1)
Where a scheme has been approved under section 292, Natural England may,
20
from time to time, review the scheme (as revised from time to time under that
section).
(2)
At least one review must be completed within the period of 3 years beginning
with the day on which a scheme is first approved under section 292(2).
(3)
Natural England must publish a report of each review under this section as
25
soon as reasonably practicable after the review is completed.
294
The English coast
(1)
In this Part “the English coast” means the coast of England adjacent to the sea,
including the coast of any island (in the sea) comprised in England (other than
an excluded island).
30
(2)
An island is “excluded” if it is neither—
(a)
an accessible island, nor
(b)
an island specified by the Secretary of State by order for the purposes
of this paragraph.
(3)
An island is “accessible” if it is possible to walk to the island from the mainland
35
of England, or from another island within subsection (2)(a) or (b), across the
foreshore or by means of a bridge, tunnel or causeway.
(4)
For the purposes of subsection (3), it is possible to walk to an island even if it is
possible to do so at certain times, or during certain periods, only.
(5)
An island may be specified by an order under subsection (2)(b) only if the
40
Secretary of State is satisfied that the coast of the island is of sufficient length
to enable the establishment of one or more long-distance routes along its length
capable of affording the public an extensive journey on foot.

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
189

(6)
For the purposes of the objective in section 290(2) (the English coastal route),
the means of access to an accessible island is (to the extent that it would not
otherwise be the case) to be regarded as part of the English coast.
(7)
This section is subject to section 301 (Isles of Scilly).
295
River estuaries
5
(1)
This section applies in a case where the continuity of any part of the English
coast is interrupted by a river.
(2)
Natural England may exercise its functions as if the references in the coastal
access provisions to the sea included the relevant upstream waters of the river.
(3)
For this purpose “the relevant upstream waters”, in relation to a river, means—
10
(a)
the waters from the seaward limit of the estuarial waters of the river
upstream to the first public foot crossing, or
(b)
if Natural England so decides, the waters from the seaward limit of the
estuarial waters of the river upstream to such limit, downstream of the
first public foot crossing, as may be specified by it.
15
(4)
When exercising any power conferred by subsection (2) or (3), Natural England
must have regard to the following matters (in addition to the matters
mentioned in section 291(2))—
(a)
the nature of the land which would, for the purposes of this Part,
become part of the coast of England if Natural England exercised the
20
power in subsection (2) in respect of the relevant upstream waters for
the limit under consideration;
(b)
the topography of the shoreline adjacent to those waters;
(c)
the width of the river upstream to that limit;
(d)
the recreational benefit to the public of the coastal access duty being
25
extended to apply in relation to the coast adjacent to those waters;
(e)
the extent to which the land bordering those waters would, if it were
coastal margin, be excepted land;
(f)
whether it is desirable to continue the English coastal route to a
particular physical feature (whether of the landscape or otherwise) or
30
viewpoint;
(g)
the existence of a ferry by which the public may cross the river.
(5)
Anything done pursuant to subsection (2) (including any decision under
subsection (3)(b)) is to be regarded as done pursuant to, and for the purpose of
discharging, the coastal access duty.
35
(6)
Subsections (1) to (5) apply in relation to the Secretary of State as they apply in
relation to Natural England.
(7)
A decision by Natural England to exercise a power conferred by subsection (2)
or (3) in relation to a river—
(a)
is without prejudice to any decision by the Secretary of State (by virtue
40
of subsection (6)) as to whether or not to exercise such a power in
relation to the river, and
(b)
does not affect the requirements of subsection (4) (as they apply by
virtue of subsection (6)) or of section 291(2) and (3), in relation to such
a decision by the Secretary of State.
45
(8)
In this section—

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
190

“coastal access provisions” means—
(a)
this Part (other than this section), and
(b)
sections 55A to 55J of the 1949 Act;
“excepted land” has the same meaning as in Part 1 of the CROW Act;
“public foot crossing”, in relation to a river, means a bridge over which, or
5
tunnel through which, there is a public right of way, or a public right of
access, by virtue of which the public are able to cross the river on foot.
Implementation of the coastal access duty
296
Long-distance routes
(1)
After section 55 of the 1949 Act insert—
10
“55A
Proposals relating to the English coastal route
(1)
Pursuant to the coastal access duty, Natural England may prepare and
submit a report under section 51 containing proposals for a route
(whether or not the requirements of section 51(1) are satisfied).
(2)
For the purposes of subsection (1) it is immaterial whether the route or
15
any part of it is already a route in approved proposals relating to a long-
distance route.
(3)
In subsections (4) and (5) “preliminary activity” means activity which
Natural England considers would facilitate the preparation by it of a
report under section 51 pursuant to the coastal access duty.
20
(4)
Where Natural England considers it necessary or expedient for
preliminary activity to be carried out as respects any land, it must—
(a)
consider whether it would be appropriate for the access
authority in relation to that land to carry out any of the
preliminary activity, and
25
(b)
if it concludes that it would be so appropriate, take all
reasonable steps to enter into an agreement with the access
authority for that purpose.
(5)
An access authority may, as respects any land in its area, enter into an
agreement with Natural England under which the access authority
30
undertakes to carry out preliminary activity.
(6)
In this section “the coastal access duty” means the duty imposed on
Natural England and the Secretary of State by section 290(1) of the
Marine and Coastal Access Act 2009.
55B
Route subject to erosion etc
35
(1)
This section applies in relation to a report under section 51 prepared
pursuant to the coastal access duty.
(2)
Where Natural England considers that the area through which the
route passes is an area to which subsection (3) applies, the report may
set out proposals for the route, or any part of it, to be determined at any
40
time in accordance with provision made in the proposals (rather than
as shown on a map).
(3)
This subsection applies to an area if it is or may be—

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access
191

(a)
subject to significant coastal erosion or encroachment by the
sea, or
(b)
subject to significant physical change due to other
geomorphological processes.
(4)
The provision made by virtue of subsection (2) may, in particular,
5
provide for the route to be determined by reference to the edge of a cliff
or boundary of a field (as it exists from time to time).
(5)
Where the report contains proposals under subsection (2), the map
included in the report in accordance with section 51(2) must show the
route as determined, at the time the report is prepared, in accordance
10
with those proposals.
(6)
Natural England must consult the Environment Agency before
exercising its powers under subsection (2) in respect of an area which is
or may be—
(a)
subject to significant coastal erosion or encroachment by the
15
sea, or
(b)
subject to significant physical change due to other
geomorphological processes in relation to which the Agency
has functions.
55C
Alternative routes
20
(1)
This section applies in relation to a report under section 51 prepared
pursuant to the coastal access duty.
(2)
The report may include, in relation to the route (“the ordinary route”)
or any part of it, a proposal under subsection (3) or (4).
(3)
A proposal under this subsection is a proposal for an alternative route
25
which is to operate as a diversion from the ordinary route, or part,
during one or both of the following—
(a)
any specified period (or periods), and
(b)
any period during which access to the ordinary route or part is
excluded by reason of a direction under Chapter 2 of Part 1 of
30
the CROW Act (exclusion or restriction of access).
(4)
A proposal under this subsection is a proposal for an alternative route
which is to operate as an optional alternative to the ordinary route, or
part, during any period for which the ordinary route, or part, might
reasonably be regarded as unsuitable for use by reason of—
35
(a)
flooding,
(b)
the action of the tide,
(c)
coastal erosion or encroachment by the sea, or
(d)
the effect of any other geomorphological process.
(5)
In subsection (3)(a) “specified” means—
40
(a)
specified in, or determined in accordance with, the proposal, or
(b)
determined in accordance with the proposal by—
(i)
a person specified in the proposal, or
(ii)
a person determined in accordance with the proposal,
details of whom are notified to Natural England in
45
accordance with the proposal.