House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

49

House of Commons

Notices of Amendments

given on

Thursday 2 July 2009

For other Amendment(s) see the following page(s):

Marine and Coastal Access Bill [Lords] Committee 42-48

Public Bill Committee

Marine and Coastal Access Bill [Lords]

Duties of the Welsh Ministers in relation to fisheries in Wales

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

NC4

To move the following Clause:—

‘(1)
At regular intervals the Welsh Ministers shall report to the National Assembly for

Wales on the way in which their powers pertaining to the management of sea

fisheries resources have been discharged in accordance with the scheme produced

under section 79 of the Government of Wales Act 2006 (c.32), insofar as this

applies to the management of the exploitation of sea fisheries resources.

(2)
A report made under this section shall include—

(a)
an assessment of the extent to which the exploitation of sea fisheries

resources in Welsh waters is carried out in a sustainable way;

(b)
particulars of actions the Welsh Ministers have taken in order to seek to

ensure that the conservation objectives of Marine Conservation Zones

are furthered; insofar as these actions relate to fisheries management;

(c)
particulars of actions the Welsh Ministers will take in the light of the

assessment provided in the report;

(d)
any other matter relating to the management of sea fisheries resources

that the Welsh Ministers consider appropriate.

(3)
In this section “regular intervals” means intervals of no longer than four years,

with the first interval being measured from the date of enactment of this Act.’.

Notices of Amendments: 2 July 2009
50

Marine and Coastal Access Bill [Lords] continued

Martin Salter

52

Schedule  16,  page  283,  line  22,  leave out ‘21’ and insert ‘22’.

Andrew George

53

Clause  153,  page  103,  line  12,  at end insert—

‘(ba)
seek to further the conservation and recovery of marine flora and fauna

in the district,’.

Andrew George

54

Clause  296,  page  191,  line  31,  at end insert—

‘(c)
any period of the non-operation of a ferry which is in use as part of the

ordinary route.’.

Member’s explanatory statement

This amendment is designed to allow Natural England to propose an alternative route to act as a

diversion from the ordinary route when that ordinary route includes a ferry with a period of non-

operation.

Andrew George

55

Clause  296,  page  193,  line  4,  at end insert—

‘(h)
consult appropriate representative bodies for recreational users and land

management organisations,

(i)
consider any other representations received by them.’.

Member’s explanatory statement

This amendment is designed to add the organisations which have already been indicated by

Ministers in the Lords who be notified of reports and have their representations passed on to the

Secretary of State on reports to a list of organisations which will be consulted on the content of

reports.

Andrew George

NS1

To move the following Schedule:—

“Amendments of the clean neighbourhoods and environment act 2005

1
The Clean Neighbourhoods and Envoronment Act 2005 (c. 16) is amended in

accordance with paragraph 2.

Dog control orders

2    (1)
Section 56 (Dog Control Orders: Supplementary) is amended as follows.

      (2)
After subsection (5)(b), insert—

“(6)
Regulations made under subsection (4) shall make provision for

Natural England to be included in any consultation to be undertaken

before any dog control order is made where the dog control order is to

apply to all or any part of land which is designated the English coastal

route under section 286 of the Marine and Coastal Access Act 2009.”’.

Notices of Amendments: 2 July 2009
51

Marine and Coastal Access Bill [Lords] continued

Huw Irranca-Davies

56

Clause  197,  page  124,  leave out from beginning of line 11 to ‘subsection’ in line 12 and

insert—

‘(1)
Section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make orders

as to fisheries for shellfish) is amended as set out in subsections (1A) and (1B).

(1A)
In’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 57.

Huw Irranca-Davies

57

Clause  197,  page  124,  line  14,  at end insert—

‘(1B)
Omit subsection (4) (certain consents required for orders made in relation to land

belonging to Crown etc).’.

Member’s explanatory statement

This amendment would remove the need for an order made under section 1 of the Sea Fisheries

(Shellfish) Act 1967 to have the consent of the Crown Estate Commissioners or representatives of

the Duchy of Cornwall or the Duchy of Lancaster before it can be made.

Huw Irranca-Davies

58

Clause  197,  page  124,  line  14,  at end insert—

‘( )
In Schedule 1 to that Act (provisions with respect to making of orders under

section 1), in paragraph 6—

(a)
the existing provision is renumbered as sub-paragraph (1), and

(b)
after that sub-paragraph insert—

  “(2)
Where the proposed order relates to any portion of the sea

shore belonging to Her Majesty in right of the Crown, the

appropriate Minister shall also have regard to the powers and

duties of the Crown Estate Commissioners under the Crown

Estate Act 1961.”’.

Member’s explanatory statement

This amendment would require the appropriate Minister, when considering an application for a

several or regulating order, to have regard to the powers and duties of the Crown Estate

Commissioners under the Crown Estate Act 1961.

Variation etc of orders as a result of development

Huw Irranca-Davies

NC5

To move the following Clause:—

‘In section 1 of the Sea Fisheries (Shellfish) Act 1967 (c. 83) (power to make

orders as to fisheries for shellfish), for subsection (6) substitute—

“(6)
Any order made under this section may be varied or revoked by a

subsequent order made under this section.

(7)
Subject to subsection (8) below, subsections (1) to (5) above shall apply

in relation to any such subsequent order and to an application for such an

Notices of Amendments: 2 July 2009
52

Marine and Coastal Access Bill [Lords] continued

order as they apply in relation to an original order made under this section

and to an application for such an order.

(8)
Subsection (7) above does not apply in the case of any order made by

virtue of subsection (10) below.

(9)
Subsection (10) applies in any case where it appears to the appropriate

Minister that—

(a)
permission has been granted for the carrying out of any

development in, on or over any portion of the sea shore to which

an order made under this section relates (the “affected area”), and

(b)
as a result of the development, it will be impossible or

impracticable to exercise any right of several fishery or of

regulating a fishery conferred by the order in the affected area.

(10)
In any such case, the appropriate Minister may—

(a)
vary the order so that the area to which the order relates no longer

includes the affected area, or

(b)
if the affected area comprises the whole or the greater part of the

area to which the order relates, revoke the order.

(11)
The provision that may be made by an order made by virtue of subsection

(10) above includes—

(a)
provision requiring the owners of the affected area to pay

compensation to any persons who, at the time of the making of

the order, are entitled to a right of several fishery in any part of

the affected area by virtue of an order under this section;

(b)
provision for the amount of any such compensation to be

specified in, or determined in accordance with provision made

by, the order (including provision for or in connection with the

appointment of a person to make such determination).

(12)
Before making an order by virtue of subsection (10) above, the

appropriate Minister must consult—

(a)
any persons who are entitled to a right of several fishery or a right

of regulating a fishery in any part of the affected area by virtue

of an order under this section, and

(b)
the owners or reputed owners, lessees or reputed lessees and

occupiers, if any, of the affected area.

(13)
The appropriate Minister may require the owners of the affected area to

provide him with such information relating to the development as he may

reasonably require for the purpose of deciding whether to make an order

by virtue of subsection (10) above.

(14)
In this section “development” has the same meaning as in the Town and

Country Planning Act 1990.”’.

Member’s explanatory statement

This amendment would provide a new procedure for varying several or regulating orders where a

proposed development would make it impossible or impracticable to exercise the rights conferred

by the orders. It also makes provision for compensation to be paid in such cases to holders of rights

of several fishery.

Notices of Amendments: 2 July 2009
53

Marine and Coastal Access Bill [Lords] continued

Huw Irranca-Davies

59

Clause  296,  page  192,  line  16,  at end insert—

‘(2A)
The proposals which may be included in the report by virtue of subsection (2)(a)

or (b) do not include proposals relating to any part of the English coastal route—

(a)
which is established as a result of waters of a river being treated as part

of the sea by virtue of section 295 of the Marine and Coastal Access Act

2009 (river estuaries), and

(b)
the line of which passes over land which, for the purposes of section 3A

of the CROW Act (power to extend access land to coastal land etc:

England), is coastal land by virtue of subsection (11) of that section.’.

Member’s explanatory statement

This provides that coastal access reports may not propose to draw the landward boundary of

coastal margin or the landward or seaward boundary of the alternative route strip to coincide with

a physical feature where the coastal route passes over land adjacent to the waters of a non-tidal

river.

Huw Irranca-Davies

60

Clause  297,  page  199,  line  9,  after ‘land”’ insert ‘, subject to subsection (11),’.

Member’s explanatory statement

This amends the definition of coastal land in new section 3A of the CROW Act so as to make it

subject to subsection (11) of that section.

Huw Irranca-Davies

61

Clause  297,  page  199,  line  23,  at end insert—

‘(11)
Where—

(a)
waters of a river are treated as part of the sea by virtue of section 295 of

the Marine and Coastal Access Act 2009, and

(b)
the land at the brink of those waters does not form part of the foreshore,


that land is, for the purposes of the definition of coastal land in section 3 (as that

definition applies for the purposes of this section), to be treated as part of the

foreshore.”’.

Member’s explanatory statement

Where waters of a river are treated as part of the sea under clause 295, land at the brink of any

non-tidal waters are to be treated as part of the foreshore for the purposes of the definition of

coastal land in section 3 of the CROW Act.

Huw Irranca-Davies

62

Schedule  22,  page  323,  line  20,  column 2, at beginning insert—

‘Section 1(4).’.

Member’s explanatory statement

This amendment is consequential on amendment 57.

Huw Irranca-Davies

63

Clause  318,  page  222,  line  45,  at end insert—

‘( )
in Part 3 (marine planning)—

Notices of Amendments: 2 July 2009
54

Marine and Coastal Access Bill [Lords] continued

(i)
paragraphs 4(1) to (4), 5 and 6 of Schedule 5 (statement of public

participation relating to MPS) and, so far as relating to those

paragraphs, paragraphs 1 and 2 of that Schedule;

(ii)
sections 44(1)(b) and (5) and 45(4), so far as relating to those

paragraphs;’.

Member’s explanatory statement

The purpose of this amendment is to provide for the provisions relating to the preparation and

publication of a statement of public participation in relation to the Marine Policy Statement to

come into force on Royal Assent.

Huw Irranca-Davies

64

Clause  318,  page  223,  line  7,  at beginning insert ‘So far as not already brought into

force by virtue of subsection (1),’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 63.