Marine and Coastal Access Bill [HL]

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House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
vi

Appeals against notices under this Part
108
Appeals against notices
Offences: supplementary provision
109
General defence of due diligence
110
Offences: jurisdiction
Application to the Crown
111
Application to the Crown
Consequential and transitional provision
112
Amendments and transitional provision
Interpretation
113
The appropriate licensing authority
114
Meaning of “enforcement authority”
115
Interpretation of this Part
Part 5
Nature conservation
Chapter 1
Marine conservation zones
Designation of zones
116
Marine conservation zones
117
Grounds for designation of MCZs
118
Further provision as to orders designating MCZs
119
Consultation before designation
120
Publication of orders designating MCZs
121
Hearings by appropriate authority
122
Amendment, revocation and review of orders designating MCZs
Duties relating to network
123
Creation of network of conservation sites
124
Report
Duties of public authorities
125
General duties of public authorities in relation to MCZs
126
Duties of public authorities in relation to certain decisions
127
Advice and guidance by conservation bodies
128
Failure to comply with duties etc

Marine and Coastal Access Bill [HL]
vii

Byelaws for protection of MCZs etc: England
129
Byelaws for protection of MCZs in England
130
Byelaws: procedure
131
Emergency byelaws
132
Interim byelaws
133
Further provision as to byelaws
Orders for protection of MCZs etc: Wales
134
Orders for protection of MCZs in Wales
135
Consultation etc regarding orders under section 134
136
Interim orders
137
Further provision as to orders made under section 134 or 136
Hearings
138
Hearings by Secretary of State or Welsh Ministers
Offences
139
Offence of contravening byelaws or orders
140
Offence of damaging etc protected features of MCZs
141
Exceptions to offences under section 139 or 140
Fixed monetary penalties
142
Fixed monetary penalties
143
Fixed monetary penalties: procedure
144
Further provision about fixed monetary penalties
Miscellaneous and supplemental
145
Application to the Crown
146
Consequential and transitional provision
147
Interpretation of this Chapter
Chapter 2
Other conservation sites
148
Marine boundaries of SSSIs and national nature reserves
Part 6
Management of inshore fisheries
Chapter 1
Inshore fisheries and conservation authorities
Inshore fisheries and conservation districts and authorities
149
Establishment of inshore fisheries and conservation districts
150
Inshore fisheries and conservation authorities

Marine and Coastal Access Bill [HL]
viii

151
Membership and proceedings of IFC authorities
152
Amendment or revocation of orders under section 149
Main duties
153
Management of inshore fisheries
154
Protection of marine conservation zones
Byelaws
155
Power to make byelaws
156
Provision that may be made by byelaw
157
Emergency byelaws
158
Byelaws: supplementary provision
159
Power of Secretary of State to amend or revoke byelaws
160
Byelaws: procedure
161
Inquiries
162
Evidence of byelaws
Offences
163
Offences
164
Powers of court following conviction
Enforcement
165
Inshore fisheries and conservation officers
166
Powers of IFC officers
Other powers and duties of IFC authorities
167
Development, etc of fisheries
168
Provision of services by IFC authorities
169
Duty of co-operation
170
Information
171
Accounts
172
Annual plan
173
Annual report
174
Supplementary powers
Miscellaneous and supplemental
175
Expenses of IFC authorities
176
IFC authority as party to proceedings
177
Exemption from liability
178
Report by Secretary of State
179
Minor and consequential amendments
180
Application to the Crown
181
Interpretation of this Chapter

Marine and Coastal Access Bill [HL]
ix

Chapter 2
Local fisheries committees
182
Abolition of local fisheries committees
183
Power to make consequential or transitional provision, etc
Chapter 3
Inshore fisheries in Wales
184
Power of Welsh Ministers in relation to fisheries in Wales
185
Offences
186
Powers of court following conviction
187
Power to provide services for purposes of enforcement
188
Miscellaneous amendments
Part 7
Fisheries
Chapter 1
The Sea Fish (Conservation) Act 1967
189
Size limits for sea fish
190
Regulation of nets and other fishing gear
191
Charging for commercial fishing licences
192
Grant of licences subject to conditions imposed for environmental purposes
193
Power to restrict fishing for sea fish
194
Penalties for offences
195
Offences by directors, partners, etc
196
Minor and consequential amendments
Chapter 2
The Sea Fisheries (Shellfish) Act 1967
197
Power to make orders as to fisheries for shellfish
198
Purposes for which tolls etc may be applied
199
Increase in penalties for certain offences relating to fisheries for shellfish
200
Liability of master, etc where vessel used in commission of offence
201
Restrictions imposed by grantees, etc
202
Cancellation of licence after single relevant conviction
203
Register of licences
204
Protection of private shellfish beds
205
Use of implements of fishing
206
Taking of crabs and lobsters for scientific purposes
207
Orders prohibiting the taking and sale of certain lobsters
208
Power to appoint inspector before making orders as to fisheries for shellfish

Marine and Coastal Access Bill [HL]
x

Chapter 3
Migratory and freshwater fish
Taking fish etc
209
Prohibited implements
210
Roe etc
211
Licences to fish
212
Limitation of licences
213
Authorisation to fish
214
Enforcement
215
Power to specify fish
216
Order-making powers: supplementary
217
Definitions relating to fish
Byelaws
218
Power to make byelaws
219
Byelaws: emergency procedures
220
Byelaws: enforcement
221
Byelaws: compensation
Supplementary
222
Theft of fish from private fisheries etc
223
Handling fish
224
Duties of the Environment Agency
225
Tweed and Esk fisheries
226
Keeping, introduction and removal of fish
227
Consequential and supplementary amendments
Chapter 4
Obsolete fisheries enactments
228
Repeal of spent or obsolete enactments
Part 8
Enforcement
Chapter 1
Enforcement officers
Marine enforcement officers
229
Marine enforcement officers
230
Enforcement of marine licensing regime
231
Enforcement of nature conservation legislation
232
Enforcement of fisheries legislation
233
Marine enforcement officers as British sea-fishery officers

Marine and Coastal Access Bill [HL]
xi

Other enforcement officers
234
Marine licensing: oil and gas and other reserved matters
235
Marine licensing: Northern Ireland
236
Marine licensing: enforcement in Scottish offshore region
237
Enforcement of MCZs in Scottish offshore region
Interpretation
238
Interpretation of this Chapter
Chapter 2
Common enforcement powers
Introductory
239
Common enforcement powers
Entry, search and seizure
240
Power to board and inspect vessels and marine installations
241
Power to enter and inspect premises
242
Power to enter and inspect vehicles
243
Dwellings
244
Powers of search, examination, etc
245
Power to require production of documents, etc
246
Powers of seizure, etc
247
Further provision about seizure
248
Retention of seized items
Miscellaneous and ancillary powers
249
Power to record evidence of offences
250
Power to require name and address
251
Power to require production of licence, etc
252
Power to require attendance of certain persons
253
Power to direct vessel or marine installation to port
254
Assistance etc
255
Power to use reasonable force
Interpretation
256
Interpretation of this Chapter
Chapter 3
Licensing enforcement powers
257
Power to require information relating to certain substances and objects

Marine and Coastal Access Bill [HL]
xii

Chapter 4
Fisheries enforcement powers
Inspection and seizure of objects at sea
258
Power to inspect and seize objects at sea
259
Reports of inspections under section 258
260
Retention of objects seized under section 258 (2)
261
Disposal of objects seized under section 258
Seizure for purposes of forfeiture
262
Power to seize fish for purposes of forfeiture
263
Power to seize fishing gear for purposes of forfeiture
264
Procedure in relation to seizure under section 262 or 263
265
Retention of property seized under section 262 or 263
266
Bonds for release of seized fish or gear
267
Power of relevant authority to sell seized fish in its possession
268
Disposal of property seized under section 262 or 263
Forfeiture
269
Forfeiture etc of prohibited items
270
Forfeiture etc of fish failing to meet size requirements
271
Further provision about forfeiture under section 269 or 270
272
Forfeiture by court following conviction
Detention of vessels in connection with court proceedings
273
Power to detain vessels in connection with court proceedings
274
Release of vessels detained under section 273
275
Power of court to order release of vessels
276
Bonds for release of vessels
277
Power of court to order repayment of bonds
Production of equipment
278
Power to require production of certain equipment
Supplementary
279
Service of notices, etc
280
Conclusion of proceedings
281
Interpretation of this Chapter
Chapter 5
Common enforcement provisions
Introductory
282
Meaning of “enforcement officer”

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Revised 11 June 2009