House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

1

House of Commons

Notices of Amendments

given on

Tuesday 23 June 2009

Public Bill Committee

Marine and Coastal Access Bill [Lords]

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

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.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

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.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

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.’.

Notices of Amendments: 23 June 2009
2

Marine and Coastal Access Bill-[ [], continued

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

Tony Baldry

4

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

‘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.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

5

Clause  23,  page  15,  line  14,  leave out ‘(6)’ and insert ‘(10)’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

6

Clause  23,  page  16,  line  26,  at end insert—

‘(5A)
After section 60 insert—

“60A
Advice from the Marine Management Organisation

(1)
Subsection (2) applies where the Commission—

(a)
has accepted an application for an order granting development

consent, and

(b)
has received—

(i)
a certificate under section 58(2) in relation to the

application, and

(ii)
where section 59 applies, a notice under that section in

relation to the application, and

(c)
the development for which the application seeks development

consent would affect, or would be likely to affect, any of the

areas specified in subsection (2).

(2)
The areas are—

Notices of Amendments: 23 June 2009
3

Marine and Coastal Access Bill-[ [], continued

(a)
waters in or adjacent to England up to the seaward limits of the

territorial sea;

(b)
an exclusive economic zone, except any part of an exclusive

economic zone in relation to which the Scottish Ministers have

functions;

(c)
a Renewable Energy Zone, except any part of a Renewable

Energy Zone in relation to which Scottish Ministers have

functions;

(d)
an area designated under section 1(7) of the Continental Shelf

Act 1964, except any part of that area which is within a part of

an exclusive economic zone or Renewable Energy Zone in

relation to which the Scottish Ministers have functions.

(3)
The Commission must give notice in writing to the Marine Management

Organisation, inviting it to submit to the Commission advice on the

principal issues arising on the application which would affect, or would

be likely to affect, any of the areas specified in subsection (2).

(4)
A notice under subsection (3) must specify the deadline for receipt by the

Commission of the advice.”’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

7

Clause  23,  page  17,  line  6,  at end insert—

‘(8)
In section 104 (decisions of Panel and Council) after subsection (2), insert—

“(2A)
The Panel or Council shall take any advice or representations received

from the Marine Management Organisation into account—

(a)
in deciding whether or not to make an order granting

development consent, and

(b)
if it does decide to do so, in deciding what (if any) requirements

are to be imposed in connection with the development for which

consent is granted.”.

(9)
In section 105 (decisions of Secretary of State) in subsection (2), after paragraph

(c) insert—

“(3)
The Secretary of State shall take any advice or representations received

from the Marine Management Organisation into account—

(a)
in deciding whether or not to make an order granting

development consent, and

(b)
if it does decide to do so, in deciding what (if any) requirements

are to be imposed in connection with the development for which

consent is granted.”.

(10)
In section 116 (reasons for decision to grant or refuse development consent) after

subsection (1) insert—

“(1A)
Where the Commission has received advice from the Marine

Management Organisation, the reasons for decision to grant or refuse

development consent must include a statement of how (if at all) the

Commission has taken account of the Marine Management

Organisation’s advice.”’.

Notices of Amendments: 23 June 2009
4

Marine and Coastal Access Bill-[ [], continued

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

9

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

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

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

Tony Baldry

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

Tony Baldry

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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

13

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

Notices of Amendments: 23 June 2009
5

Marine and Coastal Access Bill-[ [], continued

‘(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

Tony Baldry

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

Tony Baldry

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

Tony Baldry

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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

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

Tony Baldry

18

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

Notices of Amendments: 23 June 2009
6

Marine and Coastal Access Bill-[ [], continued

‘(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

Tony Baldry

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.

Amendment of Planning Act 2008

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Tony Baldry

NC1

To move the following Clause:—

‘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.”’.