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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Marine and Coastal Access Bill [Lords]
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [30 June 2009]. |
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| Clause 292, page 188, line 5, at end insert ‘and shall put the proposed scheme or |
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| any revised scheme out to public consultation.’. |
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| Clause 294, page 188, line 30, at end insert ‘but will not apply beyond the seaward |
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| limit of the esturial waters of the river.’. |
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| Clause 295, page 189, line 8, leave out ‘Natural England may exercise’ and insert |
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| ‘if Natural England exercises’. |
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| Clause 295, page 189, line 9, at end insert ‘it must explain in the coastal access |
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| report how the recreational benefit to the public of the coastal access duty being extended |
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| to land adjacent to esturial waters outweighs the matters in sub-paragraph (4).’. |
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| Clause 295, page 189, line 33, at end insert— |
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| | ‘(h) | the existence of any environmental designations.’. |
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| Clause 296, page 191, line 31, at end insert— |
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| | ‘(c) | any period of the non-operation of a ferry which is in use as part of the |
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| | Member’s explanatory statement
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| | This amendment is designed to allow Natural England to propose an alternative route to act as a |
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| | diversion from the ordinary route when that ordinary route includes a ferry with a period of non- |
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| Clause 296, page 191, line 39, at end insert— |
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| | ‘(e) | future coastal developments’. |
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| Clause 296, page 192, line 16, at end insert— |
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| | ‘(2A) | The proposals which may be included in the report by virtue of subsection (2)(a) |
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| | or (b) do not include proposals relating to any part of the English coastal route— |
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| | (a) | which is established as a result of waters of a river being treated as part |
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| | of the sea by virtue of section 295 of the Marine and Coastal Access Act |
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| | 2009 (river estuaries), and |
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| | (b) | the line of which passes over land which, for the purposes of section 3A |
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| | of the CROW Act (power to extend access land to coastal land etc: |
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| | England), is coastal land by virtue of subsection (11) of that section.’. |
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| | Member’s explanatory statement
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| | This provides that coastal access reports may not propose to draw the landward boundary of |
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| | coastal margin or the landward or seaward boundary of the alternative route strip to coincide with |
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| | a physical feature where the coastal route passes over land adjacent to the waters of a non-tidal |
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| Clause 296, page 192, line 21, at end insert— |
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| | ‘(3A) | Where a person with a relevant interest in affected land has requested Natural |
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| | England to provide a map showing the landward boundary of the relevant coastal |
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| | margin, but the report contains a description of that boundary pursuant to |
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| | subsection (3)(b) instead of a map, the report must also contain a statement of |
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| | Natural England’s reasons for declining to comply with the person’s request for |
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| Clause 296, page 193, line 4, at end insert— |
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| | ‘(h) | consult appropriate representative bodies for recreational users and land |
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| | management organisations, |
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| | (i) | consider any other representations received by them.’. |
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| | Member’s explanatory statement
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| | This amendment is designed to add the organisations which have already been indicated by |
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| | Ministers in the Lords who be notified of reports and have their representations passed on to the |
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| | Secretary of State on reports to a list of organisations which will be consulted on the content of |
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| Clause 296, page 193, line 29, at end insert— |
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| | ‘55EA | Changes in land use |
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| | (1) | Any person with a relevant interest in land may require Natural England to review |
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| | a coastal access report; and reasons for review may include— |
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| | (a) | proposed or actual changes in the use of land; |
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| | (b) | review of existing directions made under Chapter 2 of Part 1 of the |
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| | CROW Act for the exclusion or restriction of the right of access; |
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| | (c) | proposed new directions under Chapter 2 of Part 1 of the CROW Act for |
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| | the exclusion or restriction of the right of access |
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| | (2) | Persons with a relevant interest may appeal to the appointed person as set out in |
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| | Schedule 19 against the refusal of Natural England to— |
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| | (a) | undertake the review; |
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| | (b) | undertake the review within timescales specified by regulation; |
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| | (c) | amend the coastal access report.”. |
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| Clause 296, page 196, leave out lines 14 and 15 and insert— |
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| | ‘(a) | has a legal estate or legal interest in the land, or’. |
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| Clause 296, page 196, line 16, at end insert— |
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| | ‘(d) | owns the sporting rights.’. |
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| Clause 296, page 196, line 23, at end insert— |
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| | ‘(3) | Nothing in this section shall preclude a person with a relevant interest in affected |
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| | land from making an appeal under section 30 of the CROW Act for an exclusion |
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| | or restriction of the right of access at a subsequent date after approved proposals |
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| Schedule 19, page 305, leave out lines 33 to 35. |
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| Schedule 19, page 306, line 4, at end insert— |
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| | ‘(8) | Where the Secretary of State approves proposals contained in a coastal access |
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| | report which do not strike a fair balance, then a person with an interest in land |
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| | may make a claim equal to the amount of depreciation or damage suffered as a |
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| | result of the creation of coastal access across that land and any land held together |
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| | with the affected land.’. |
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| | Member’s explanatory statement
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| | Where loss is caused, by virtue of new coastal access rights being provided, the amendment makes |
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| | provision for compensation. |
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| Clause 297, page 199, line 9, after ‘land”’ insert ‘, subject to subsection (11),’. |
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| | Member’s explanatory statement
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| | This amends the definition of coastal land in new section 3A of the CROW Act so as to make it |
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| | subject to subsection (11) of that section. |
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| Clause 297, page 199, line 23, at end insert— |
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| | (a) | waters of a river are treated as part of the sea by virtue of section 295 of |
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| | the Marine and Coastal Access Act 2009, and |
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| | (b) | the land at the brink of those waters does not form part of the foreshore, |
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| | | that land is, for the purposes of the definition of coastal land in section 3 (as that |
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| | definition applies for the purposes of this section), to be treated as part of the |
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| | Member’s explanatory statement
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| | Where waters of a river are treated as part of the sea under clause 295, land at the brink of any |
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| | non-tidal waters are to be treated as part of the foreshore for the purposes of the definition of |
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| | coastal land in section 3 of the CROW Act. |
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| Clause 297, page 200, line 35, at end insert— |
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| | ‘(10) | In Schedule 1, Part 1, of the CROW Act 2000, after excepted land 13, insert— |
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| | “(14) | Land used for the purpose of manufacturing, maintenance or storage of |
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| | recreational vessels and equipment (including marinas, boatyards and |
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| Clause 297, page 200, line 35, at end add— |
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| | ‘(10) | In Schedule 1 (excepted land for purposes of Part 1—Part II Supplementary |
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| | Provisions) at end insert— |
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