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55

 

House of Commons

 
 

Tuesday 7 July 2009

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Marine and Coastal Access Bill [Lords]


 

Note

 

The Amendments have been arranged in accordance with the Order of the

 

Committee [30 June 2009].

 


 

Mr Richard Benyon

 

Angela Watkinson

 

Mr Hugo Swire

 

Mr David Jones

 

Mr Charles Walker

 

8

 

Clause  25,  page  17,  line  31,  at end insert—

 

‘(2A)    

The MMO must advise the Infrastructure Planning Commission on all nationally

 

significant infrastructure projects that are in or impact upon the UK marine area

 

as defined in section 42.’.

 


 

new clause relating to part 1

 

Amendment of Planning Act 2008

 

Mr Richard Benyon

 

Angela Watkinson

 

Mr Hugo Swire

 

Mr David Jones

 

Mr Charles Walker

 

NC1

 

To move the following Clause:—


 
 

Public Bill Committee: 7 July 2009                     

56

 

Marine and Coastal Access Bill[Lords], continued

 
 

‘In section 104 of the Planning Act 2008 (decisions of Panel and Council) at end

 

of subsection (2) insert—

 

“(b)    

any advice from the Marine Management Organisation on

 

applications which are in or are likely to impact on the UK

 

marine area.”’.

 


 

Huw Irranca-Davies

 

22

 

Schedule  4,  page  236,  leave out from beginning of line 35 to end of line 8 on page 237.

 

Member’s explanatory statement

 

This amendment would delete paragraphs 6 to 8 (amending the Fishery Limits Act 1976). These

 

provisions are redundant following a decision to deal with the issue in the transfer of functions

 

order that will be made to transfer fisheries functions in the Welsh zone to Welsh Ministers.

 


 

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,’.

 


 

Martin Salter

 

Linda Gilroy

 

Mr Roger Williams

 

Andrew George

 

Mr Charles Walker

 

51

 

Clause  168,  page  112,  line  16,  at end insert—

 

‘(4)    

In relation to its area or to a specified part or parts of its area, an IFC authority

 

may enter into an agreement with an eligible body authorising the eligible body

 

to perform any function of the authority.

 

(5)    

In this subsection “specified” means specified in the agreement.

 

(6)    

In this subsection “eligible body” means the Environment Agency or the Marine

 

Management Organisation.

 

(7)    

The Secretary of State may by order amend subsection (4)(c) so as to add any

 

body or description of body to the list, or remove any body or description of body

 

from it.’.

 

Member’s explanatory statement

 

The purpose of this amendment is to provide that the IFC Authorities are able to delegate powers

 

to the Environment Agency to manage all fish species in upper esturaries.

 



 
 

Public Bill Committee: 7 July 2009                     

57

 

Marine and Coastal Access Bill[Lords], continued

 
 

New Clauses Relating to Part 6

 

Duty on Welsh Ministers in relation to management of inshore fisheries

 

Roger Williams

 

Andrew George

 

NC2

 

To move the following Clause:—

 

‘(1)    

In exercising their powers under this Act or other Sea Fisheries Acts, Welsh

 

Ministers shall seek to ensure that the exploitation of sea fisheries resources in

 

Wales and the Welsh Zone is carried out in a sustainable way.

 

(2)    

At intervals of no more than four calendar years, Welsh Ministers shall make a

 

report to the National Assembly for Wales on how they have discharged their

 

powers in accordance with subsection (1).

 

(3)    

The first report of this kind shall be made within four calendar years of the

 

enactment of this Act.

 

(4)    

A report made under this section must include—

 

(a)    

an assessment of the extent to which the exploitation of sea fisheries

 

resources in the Welsh Zone is carried out in a sustainable way;

 

(b)    

actions the Minister has 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)    

actions the Minister will take in the light of the assessment provided in

 

the report, in pursuance of the objective in subsection (1);

 

(d)    

any other matter relating to the management of sea fisheries resources

 

that the Minister considers appropriate.’.

 


 

Transfers of powers in relation to fisheries

 

Roger Williams

 

Andrew George

 

NC3

 

To move the following Clause:—

 

‘In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly

 

Measures), in field 1 (agriculture, fisheries, forestry and rural development)

 

insert—

 

    

“Matter 1.1A

 

    

Provision to confer a statutory duty upon Welsh Ministers in relation to

 

the management of fisheries.”’.

 



 
 

Public Bill Committee: 7 July 2009                     

58

 

Marine and Coastal Access Bill[Lords], continued

 
 

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.’.

 


 

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.


 
 

Public Bill Committee: 7 July 2009                     

59

 

Marine and Coastal Access Bill[Lords], continued

 
 

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.

 


 

Martin Salter

 

52

 

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

 


 

nEW cLAUSE relating to Part 7

 

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

 

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


 
 

Public Bill Committee: 7 July 2009                     

60

 

Marine and Coastal Access Bill[Lords], continued

 
 

(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.

 


 

Variation etc of orders as a result of development (No. 2)

 

Andrew George

 

Mr Roger Williams

 

NC6

 

Parliamentary Star    

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—


 
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