House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

11

House of Commons

Notices of Amendments

given up to and including

Friday 26 June 2009

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Bill Committee

Marine and Coastal Access Bill [Lords]

Note

The Amendments have been arranged in accordance with the Order to be

proposed by Huw Irranca-Davies.

Huw Irranca-Davies

To move, That the Bill be considered in the following order, namely: Clauses 44 to 47;

Schedule 5; Clauses 48 to 51; Schedule 6; Clauses 52 to 64; new Clauses relating to Part

3; new Schedules relating to Part 3; Clauses 65 to 97; Schedule 7; Clauses 98 to 112;

Schedules 8 and 9; Clauses 113 to 115; new Clauses relating to Part 4; new Schedules

relating to Part 4; Clauses 116 to 144; Schedule 10; Clauses 145 and 146; Schedules 11

and 12; Clauses 147 and 148; Schedule 13; new Clauses relating to Part 5; new Schedules

relating to Part 5; Clause 1; Schedules 1 and 2; Clauses 2 to 39; Schedule 3; Clause 40;

new Clauses relating to Part 1; new Schedules relating to Part 1; Clauses 41 to 43;

Schedule 4; new Clauses relating to Part 2; new Schedules relating to Part 2; Clauses 149

to 179; Schedule 14; Clauses 180 to 188; new Clauses relating to Part 6; new Schedules

relating to Part 6; Clauses 189 to 196; Schedule 15; Clauses 197 to 227; Schedule 16;

Clauses 228; new Clauses relating to Part 7; new Schedules relating to Part 7; Clauses 229

to 243; Schedule 17; Clauses 244 to 271; Schedule 18; Clauses 272 to 289; new Clauses

relating to Part 8; new Schedules relating to Part 8; Clauses 290 to 296; Schedule 19;

Clauses 297 and 298; Schedule 20; Clauses 299 to 304; new Clauses relating to Part 9;

new Schedules relating to Part 9; Clauses 305 to 309; Schedule 21; Clauses 310 to 315;

Schedule 22; Clauses 316 to 319; remaining new Clauses; remaining new Schedules;

remaining proceedings on the Bill.

Notices of Amendments: 26 June 2009
12

Marine and Coastal Access Bill-[ [], continued

Huw Irranca-Davies

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

9

Clause  44,  page  27,  line  2,  leave out ‘contributing to’ and insert ‘furthering’.

Andrew George

Mr Roger Williams

29


Clause  44,  page  27,  line  16,  at end insert—

‘(4A)
In this Part “sustainable development” means the maintenance or enhancement of

the purposes underlying the designation of the MCZ, in accordance with section

117.’.

Huw Irranca-Davies

23

Schedule  5,  page  239,  line  12,  at end insert ‘(including the carrying out of the

sustainability appraisal under paragraph 7)’.

Member’s explanatory statement

The purpose of this amendment is to ensure consistency with paragraph 6(2)(a) of Schedule 6,

which contains similar requirements for the statement of public participation (SPP) in respect of

marine plans and states that the SPP timetable must include time for the carrying out of a

sustainability appraisal.

Huw Irranca-Davies

24

Clause  51,  page  29,  line  34,  leave out subsection (2) and insert—

‘(2)
Where an MPS governs marine planning for a marine planning region, the marine

plan authority for the region must seek to ensure that every part of the region is

within an area for which a marine plan is in effect.’.

Member’s explanatory statement

The effect of this amendment would be to revise subsection (2) to make it clearer that each marine

plan authority must seek to ensure that one or more marine plans are in effect which, between

them, cover the whole of the authority’s region.

Andrew George

Mr Roger Williams

31


Clause  51,  page  29,  line  36,  at end insert—

Notices of Amendments: 26 June 2009
13

Marine and Coastal Access Bill-[ [], continued

‘(2A)
Sub-regions of a marine plan area may be defined at any time.’.

Andrew George

Mr Roger Williams

32


Clause  51,  page  30,  line  4,  at end insert—

‘(d)
has regard to all other plans and strategies that relate to the adjacent land

area.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

10

Clause  71,  page  48,  line  30,  at end insert—

‘(1A)
This decision shall be made within 16 weeks of the application.’.

Member’s explanatory statement

Assessments must be considered and a decision reached within three months. There is a

requirement that onshore planning applications are considered within 16 weeks.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

11

Clause  75,  page  51,  line  11,  at end insert ‘or

(c)
that the activity is maintenance dredging.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

12

Clause  75,  page  51,  line  24,  at end add ‘“maintenance dredging” means the

removal of accumulated sediments from harbour channels and berths undertaken on

behalf of or by harbour authorities, marinas, yacht clubs and port facilities to ensure a safe

depth of water for navigational purposes and the removal of sediment to restore adequate

flow of water to mitigate risk of flooding or protect a sensitive habitat.’.

Notices of Amendments: 26 June 2009
14

Marine and Coastal Access Bill-[ [], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

14

Clause  117,  page  78,  line  35,  at end insert—

‘(c)
the scientific basis behind the designation (including local conservation,

environmental and global science) and confirmation that it has been

accepted as valid by the Marine Management Organisation’s Chief

Scientific Adviser and the Science Advisory Panel.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

15

Clause  117,  page  79,  line  9,  at end insert—

‘(7A)
Where the authority considers the desirability of designating two or more areas to

be equal, in reaching their decision as to which area (or areas) to designate it may

have regard to any social or economic consequences of designation, subject to the

achievement of the objective set out in section 123(2).’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

13

Clause  117,  page  79,  line  14,  at end add—

‘(9)
The Secretary of State must provide indicative guidance on the types of features

to be protected and the level of protection that would normally be applied to each

feature.’.

Member’s explanatory statement

This amendment aims to establish the different types of features likely to be protected within MCZs,

and what restrictions and conditions they will attract i.e. what types of sustainable

developments can or cannot be built on or near various features.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

16

Clause  119,  page  80,  line  41,  at end insert—

‘(c)
the Marine Management Organisation on social and economic factors regarding

the designation of MCZ sites.’.

Notices of Amendments: 26 June 2009
15

Marine and Coastal Access Bill-[ [], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

17

Clause  120,  page  81,  line  23,  at end add—

‘(6)
The appropriate authority must inform any national representative body of sea

users of the publication of orders designating MCZs.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

19

Clause  127,  page  87,  line  21,  at end insert—

‘(2A)
The appropriate statutory conservation body must give advice on the

requirements for monitoring the impacts of a permitted activity within a MCZ.

The costs of this monitoring should be reasonable and proportionate with respect

to the scale, costs and environmental benefits of the project.’.

Member’s explanatory statement

This amendment aims to minimise the cost of environmental impact assessment and subsequent

monitoring.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

18

Clause  141,  page  96,  line  2,  at end insert—

‘(3A)
It is a defence for a person who is charged with an offence under section 139 to

show that that person took all reasonable precautions and exercised all due

diligence to avoid the commission of the offence.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

4

Schedule  1,  page  227,  line  11,  at end insert—

Notices of Amendments: 26 June 2009
16

Marine and Coastal Access Bill-[ [], continued

‘Chief engineering adviser

15A(1)
The MMO must appoint a person to be its chief engineering adviser.

      (2)
The chief engineering adviser is an employee of the MMO.

      (3)
The MMO may only make an appointment under sub-paragraph (1) with the

approval of the Secretary of State as to any terms and conditions of

employment not falling within paragraph 17 or 18.’.

Member’s explanatory statement

Science and engineering are very different disciplines. This will address the needs of an

engineering discipline, such as marine renewable energy. Therefore the MMO will be allowed to

appoint a Chief Engineering Adviser.

Andrew George

Mr Roger Williams

28


Schedule  1,  page  228,  line  15,  at end insert—

‘(2A)
The MMO must authorise at least one committee which will be charged with

ensuring that the coastal communities affected by the discharge of its duties

should be consulted.’.

Andrew George

Mr Roger Williams

30


Schedule  1,  page  229,  line  19,  at end insert—

‘(1A)
The report must contain an assessment of whether the MMO has adequate

resources and expertise for the carrying out of its functions under section 2.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

1

Clause  2,  page  2,  line  5,  leave out ‘making a contribution to the achievement of’

and insert ‘taking reasonable steps, consistent with the proper exercise of its functions to

further’.

Member’s explanatory statement

The purpose of this amendment is to ensure that the MMO has a duty to ‘further’ sustainable

development. This gives the MMO a sufficiently robust objective to be responsible for ‘furthering’

and not just ‘making a contribution to the achievement of’ sustainable development.

Andrew George

Mr Roger Williams

26


Clause  2,  page  2,  line  17,  at end insert—

‘(aab)
the impact on the lives and livelihoods of the coastal communities

affected by its decisions and activities.’.

Notices of Amendments: 26 June 2009
17

Marine and Coastal Access Bill-[ [], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

3

Clause  2,  page  2,  line  22,  at end insert—

‘(3A)
The MMO must have due regard to the desirability of mitigating, and adapting to,

climate change.’.

Member’s explanatory statement

The purpose of this amendment is to ensure that in exercising its functions, the Marine

Management Organisation (MMO) has regard to mitigating, and adapting to, climate change.

This should ensure that the MMO is also aligned with the biggest threat against the marine

environment.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

2

Clause  2,  page  2,  line  24,  leave out ‘contribution to the achievement of’ and insert

‘furthering of’.

Member’s explanatory statement

The purpose of this amendment is to ensure that the MMO has a duty to ‘further’ sustainable

development. This gives the MMO a sufficiently robust objective to be responsible for ‘furthering’

and not just ‘making a contribution to the achievement of’ sustainable development.

Huw Irranca-Davies

20

Clause  7,  page  6,  line  6,  leave out from ‘read,’ to ‘under’ in line 7 and insert ‘in

relation to the exercise by the MMO of functions’.

Member’s explanatory statement

The effect of this amendment would be that, in certain regulations, references to (or which include

a reference to) the Secretary of State would be read, in relation to the exercise of functions

anywhere by the MMO, as references to, or as including a reference to, the MMO instead.

Andrew George

Mr Roger Williams

27


Clause  16,  page  11,  line  30,  at end insert—

‘(f)
any coastal local authority;

(g)
the council of the Isles of Scilly.’.