23

House of Commons

Tuesday 30 June 2009

Public Bill Committee

New Amendments handed in are marked thus

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

Marine and Coastal Access Bill [Lords]

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Note

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

Programming Sub-Committee [29 June 2009].

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 29 June (Standing Order No.

83C):

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

30 June) meet—

(a)	at 4.00 pm on Tuesday 30 June;

(b)	at 9.00 am and 1.00 pm on Thursday 2 July;

(c)	at 10.30 am and 4.00 pm on Tuesday 7 July;

(d)	at 9.00 am and 1.00 pm on Thursday 9 July;

(e)	at 10.30 am and 4.00 pm on Tuesday 14 July;

(f)	at 9.00 am and 1.00 pm on Thursday 16 July;

(2)	the proceedings shall be taken in the following order: 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;

Public Bill Committee: 30 June 2009

24

Marine and Coastal Access Bill [Lords], continued

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;

(3)	the proceedings on the Bill shall (so far as not previously concluded) be

brought to a conclusion at 5.00 pm on Thursday 16 July.

Huw Iranca-Davies has given notice of his intention to move a motion in the terms of

the Resolution of the Programming Sub-Committee [Standing Order No. 83C].

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

Martin Salter

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.’.

Public Bill Committee: 30 June 2009

25

Marine and Coastal Access Bill [Lords], continued

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—

‘(2A)

Sub-regions of a marine plan area may be defined at any time.’.

Nick Ainger

37

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

‘(3)	Marine planning authorities planning for estuaries where two planning authorities

have jurisdiction must collaborate in preparing plans for adjoining areas.

(4)	In order to fulfil the objective in subsection (3) marine planning authorities may

adopt joint plans for neighbouring waters.’.

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.’.

Nick Ainger

38

Schedule  6,  page  243,  line  6,  leave out sub-paragraph (1) and insert—

‘(1)	In preparing or amending a marine plan for a marine plan area in its region,

marine plan authorities must work jointly and collaboratively in preparing

Public Bill Committee: 30 June 2009

26

Marine and Coastal Access Bill [Lords], continued

plans to ensure compatibility between the plans for that area and any other

marine plan area that is related to that 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.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Andrew George

14

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

Public Bill Committee: 30 June 2009

27

Marine and Coastal Access Bill [Lords], continued

‘(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.’.

Ms Angela C. Smith

Andrew George

36

Clause  117,  page  79,  line  7,  leave out subsection (7).

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Martin Salter

Andrew George

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

Andrew George

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.

Public Bill Committee: 30 June 2009

28

Marine and Coastal Access Bill [Lords], continued

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.’.

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.’.

Andrew George

40

Clause  123,  page  82,  line  18,  at end insert—

‘(d)	that the network includes highly protected sites.’.

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.

Public Bill Committee: 30 June 2009

29

Marine and Coastal Access Bill [Lords], continued

Andrew George

39

Clause  140,  page  95,  line  8,  leave out ‘kills or injures’ and insert ‘kills, injures or

disturbs’.

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.’.

Martin Salter

35

Clause  141,  page  96,  line  11,  at end insert—

‘(c)	the act occurred on the seaward side of the 0-6 nautical mile fisheries

zone in a location where European vessels have fishing rights.’.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

4

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

‘Chief engineering adviser

15A(2)

The MMO must appoint a person to be its chief engineering adviser.

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

(4)	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.

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Revised 30 June 2009