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Index to Marine And Coastal Access Bill [HL]

INTRODUCTION SUMMARY AND BACKGROUND Bill 108—EN                                              54/4 Background Summary of the Bill Terminology describing marine areas Baseline Internal Waters Territorial Sea UK Continental Shelf British Fishery Limits Renewable Energy Zone/ UK pollution zone Exclusive Economic Zone Other terminology PART 1: MARINE MANAGEMENT ORGANISATION Clause 2: General objective Chapter 2: Transfer of Functions to the MMO Sea Fish (Conservation) Act 1967 Clause 4: Licensing of fishing boats Clause 5: Restrictions on time spent at sea: appeals Clause 6: Trans-shipment licences for vessels Clause 7: Regulations supplementary to sections 4 and 4A Clause 8: Exemptions for operations for scientific and other purposes Clause 9: Licences to kill or take seals Clause 10: Wildlife and Countryside Act 1981 Clause 11: Sea Fisheries (Wildlife Conservation) Act 1992 Generating and renewable energy installations Clause 13: Safety zones: functions under section 95 of the Energy Act 2004 Chapter 3: Flexible Administrative Arrangements involving the MMO Clause 15: Agreement between the MMO and eligible bodies Clause 16: Eligible bodies Clause 17: Non-delegable functions Clause 18: Maximum duration of agreement Supplementary provisions Clause 20: Agreements with certain harbour authorities Clause 21: Supplementary provisions with respect to agreements Clause 22: Interpretation of the Chapter Chapter 4: Miscellaneous, General and Supplemental Provisions Clause 23: MMO’s role in relation to applications for development consent General Powers and Duties Clause 25: Advice, assistance and training facilities Clause 26: Provision of information etc Clause 27: Power to charge for services Clause 28: Provision of information by the MMO to the Secretary of State Clause 29: Power to bring proceedings Clause 31: Incidental Powers Financial Provisions Clause 32: Grants Clause 33: Borrowing powers Clause 34: Limit on borrowing Clause 35: Government loans Clause 36: Government guarantees Directions and guidance Clause 38: Guidance by the Secretary of State Transfer schemes etc Clause 40: Interim arrangements PART 2: EXCLUSIVE ECONOMIC ZONE, UK MARINE AREA AND WELSH ZONE Clause 42: UK marine area Clause 43: Welsh zone PART 3: MARINE PLANNING Clause 44: Marine policy statement Clause 45: Preparation and coming into effect of statement Clause 46: Review of statement Clause 47: Amendment of statement Clause 48: Withdrawal of, or from, statement Chapter 2: Marine Plans Clause 50: Marine plan authorities Clause 51: Marine plans for marine plan areas Clause 52: Amendment of marine plan Clause 53: Withdrawal of marine plan Clause 54: Duty to keep relevant matters under review Chapter 3: Delegation of Functions Relating to Marine Plans Clause 56: Directions under section 55: supplementary provisions Clause 57: Directions to public bodies as regards performance of delegated functions Chapter 4: Implementation and Effect Clause 58: Decisions affected by marine policy documents Clause 59: The appropriate marine policy documents Clause 60: Meaning of “retained functions” etc. Monitoring and reporting Chapter 5: Miscellaneous and General Provisions Clause 63: Powers of the court on an application under section 62 Interpretation and Crown application PART 4: MARINE LICENSING Clauses 67 & 68: Applications; Notice of applications Clauses 69 & 70: Determination of applications; Inquiries Clause 71: Licences Clause 72: Variation, suspension, revocation and transfer Clause 73: Appeals against licensing decisions Chapter 2: Exemptions and Special Cases Clause 76: Dredging in the Scottish zone Clause 77: Oil and gas activities and carbon dioxide storage Clause 78: Special procedure for applications relating to harbour works Clause 79: Special procedure for applications relating to certain electricity works Clause 80: Electronic communications apparatus Clause 81: Submarine cables on the continental shelf Clause 82: Structures in, over or under a main river Clause 83: Requirements for Admiralty consent under local legislation Clause 84: Byelaws for flood defence and drainage purposes Chapter 3: Enforcement Clause 86: Action taken in an emergency Clause 87: Electronic communications: emergency works Clause 88: Activity licensed by another State Clause 89: Information Enforcement notices Clause 91: Remediation notice Clause 92: Further provision as to enforcement notices Civil sanctions Clause 93: Fixed monetary penalties Clause 94: Fixed monetary penalties: procedure Clause 95: Variable monetary penalties Clause 96: Variable monetary penalties: procedure Clause 97: Further provision about civil sanctions Chapter 4: Delegation Clause 100: Directions to persons as regards performance of delegated functions Chapter 5: Supplementary Stop notices and emergency safety notices Clause 103: Further provision as to stop notices Clauses 104 & 105: Emergency safety notices; Further provision as to emergency safety notices Other powers Clause 107: Power to test, and to charge for testing, certain substances Appeals against notices under this Part Offences: supplementary provision Clause 110: Offences: jurisdiction Application to the Crown Consequential and transitional provision Interpretation Clause 114 and 115: Meaning of “enforcement authority”; Interpretation of this Part PART 5: NATURE CONSERVATION Clause 116: Marine conservation zones Clause 117: Grounds for designation of MCZs Clause 118: Further provision as to orders designating MCZs Clause 119: Consultation before designation Clause 120: Publication of orders designating MCZs Clause 121: Hearings by appropriate authority Clause 122: Amendment, revocation and review of orders designating MCZs Duties relating to network Clause 124: Report Clause 125: General duties of public authorities in relation to MCZs Clause 126: Duty of public authorities in relation to certain decisions Clause 127: Advice and guidance by conservation bodies Clause 128: Failure to comply with duties etc Clause 129: Byelaws for protection of MCZs in England Clause 130: Byelaws: procedure Clause 131: Emergency byelaws Clause 132: Interim byelaws Clause 133: Further provision as to byelaws Clause 134: Orders for protection of MCZs in Wales Clause 135: Consultation etc regarding orders under section 134 Clause 136: Interim orders Clause 137: Further provision as to orders made under clause 134 or 136 Hearings Clause 139: Offence of contravening byelaws or orders Clause 140: Offence of damaging etc protected features of MCZs Clause 141: Exceptions to offences under clause 139 or 140 Fixed monetary penalties Clause 143: Fixed monetary penalties: procedure Clause 144: Further provision about fixed monetary penalties Miscellaneous and supplemental Clause 146: Consequential and transitional provision Clause 147: Interpretation of this Chapter Chapter 2: Other Conservation Sites PART 6: MANAGEMENT OF INSHORE FISHERIES Clause 149: Establishment of inshore fisheries and conservation districts Clause 150: Inshore fisheries and conservation authorities Clause 151: Membership and proceedings of IFC authorities Clause 152: Amendment or revocation of orders under clause 149 Main duties Clause 154: Protection of marine conservation zones Byelaws Clause 156: Provision that may be made by byelaw Clause 156: Emergency byelaws Clause 157: Byelaws: supplementary provision Clause 159: Power of Secretary of State to amend or revoke byelaws Clause 160: Byelaws: procedure Clause 161: Inquiries Clause 162: Evidence of byelaws Offences Clause 164: Powers of court following conviction Enforcement Clause 166 : Powers of IFC officers Other powers and duties of IFC authorities Clause 168: Provision of services by IFC authorities Clause 169: Duty of co-operation Clause 170: Information Clause 171: Accounts Clause 172: Annual plan Clause 173: Annual report Clause 174: Supplementary powers Miscellaneous and supplemental Clause 176: IFC authority as party to proceedings Clause 177: Exemption from liability Clause 178: Report by Secretary of State Clause 179: Minor and consequential amendments Clause 180: Application to the Crown Clause 181: Interpretation of this Chapter Chapter 2: Local Fisheries Committees Clause 183: Power to make consequential or transitional provision, etc Chapter 3: Inshore Fisheries in Wales Clause 185: Offences Clause 186: Powers of court following conviction Clause 187: Power to provide services for purposes of enforcement Clause 188: Miscellaneous amendments PART 7: FISHERIES Clause 189: Size limits for sea fish Clause 190: Regulation of nets and other fishing gear Clause 191: Charging for commercial fishing licences Clause 192: Grant of licences subject to conditions imposed for environmental purposes Clause 193: Power to restrict fishing for sea fish Clause 194: Penalties for offences Clause 195: Offences by directors, partners, etc Clause 196: Minor and consequential amendments Chapter 2: The Sea Fisheries (Shellfish) Act 1967 Clause 197: Power to make orders as to fisheries for shellfish Clause 198: Purposes for which tolls etc may be applied Clause 199: Increase in penalties for certain offences relating to fisheries for shellfish Clause 200: Liability of master, etc where vessel used in commission of offence Clause 201: Restrictions imposed by grantees, etc Clause 202: Cancellation of licence after single relevant conviction Clause 203: Register of licences Clause 204: Protection of private shellfish beds Clause 205: Use of implements of fishing Clause 206: Taking of crabs and lobsters for scientific purposes Clause 207: Orders prohibiting the taking and sale of certain lobsters Clause 208: Power to appoint an inspector before making orders as to fisheries for shellfish Chapter 3: Migratory and Freshwater Fish Taking fish etc Clause 210: Roe etc Clause 211: Licences to fish Clause 212: Limitation of licences Clause 213: Authorisation to fish Clause 214: Enforcement Clause 215: Power to specify fish Clause 216: Order-making powers: supplementary Clause 217: Definitions relating to fish Byelaws Clause 219: Byelaws: emergency procedures Clause 220: Byelaws: enforcement Clause 221: Byelaws: compensation Supplementary Clause 223: Handling fish Clause 224: Duties of the Environment Agency Clause 225: Tweed and Esk fisheries Clause 226: Keeping, introduction and removal of fish Clause 227: Consequential and supplementary amendments Chapter 4: Obsolete Fisheries Enactments PART 8: ENFORCEMENT Clause 229: Marine enforcement officers Clause 230: Enforcement of marine licensing regime Clause 231: Enforcement of nature conservation legislation Clause 232: Enforcement of fisheries legislation Clause 233: Marine enforcement officers as British sea-fishery officers Other enforcement officers Clause 235: Marine licensing: Northern Ireland Clause 236: Marine licensing: enforcement in Scottish offshore region Clause 237: Enforcement of MCZs in Scottish offshore region Interpretation Chapter 2: Common Enforcement Powers Clause 239: Common enforcement powers Entry, search and seizure Clause 241: Power to enter and inspect premises Clause 242: Power to enter and inspect vehicles Clause 243: Dwellings Clause 244: Powers of search, examination, etc Clause 245: Power to require production of documents, etc Clause 246: Powers of seizure, etc Clause 247: Further provision about seizure Clause 248: Retention of seized items Clause 249: Power to record evidence of offences Clause 250: Power to require name and address Clause 251: Power to require production of licence, etc Clause 252: Power to require attendance of certain persons Clause 253: Power to direct vessel or marine installation to port Clause 254: Assistance etc Clause 255: Power to use reasonable force Interpretation Chapter 3: Licensing Enforcement Powers Chapter 4: Fisheries Enforcement Powers Clause 258: Power to inspect and seize objects at sea Clause 259: Reports of inspections under clause 258 Clause 260: Retention of objects seized under clause 258 Clause 261: Disposal of objects seized under clause 258 Seizure for purposes of forfeiture Clause 263: Power to seize fishing gear for purposes of forfeiture Clause 264: Procedure in relation to seizure under clause 262 or 263 Clause 265: Retention of property seized under clause 262 or 263 Clause 266: Bonds for release of seized fish or gear Clause 267: Power of relevant authority to sell seized fish in its possession Clause 268: Disposal of property seized under clause 262 or 263 Forfeiture Clause 270: Forfeiture etc of fish failing to meet size requirements Clause 271: Further provision about forfeiture under clause 269 or 270 Clause 272: Forfeiture by court following conviction Detention of vessels in connection with court proceedings Clause 274: Release of vessels detained under clause 273 Clause 275: Power of court to order release of vessels Clause 276: Bonds for release of vessels Clause 277: Power of court to order repayment of bonds Production of equipment Supplementary Clause 280: Conclusion of proceedings Clause 281: Interpretation of this Chapter Chapter 5: Common Enforcement Provisions Duties of enforcement officers Clause 284: Duty to state name and purpose, etc Liability of enforcement officers Offences in relation to enforcement officers Chapter 6: Miscellaneous and Supplementary Enforcement of Community rules Administrative penalty schemes Crown application PART 9: COASTAL ACCESS Clause 291: General provisions about the coastal access duty Clause 292: The coastal access scheme Clause 293: Review of the coastal access scheme Clause 294: The English coast Clause 295: River estuaries Implementation of the coastal access duty Clause 297: Access to the coastal margin Clause 298: Establishment and maintenance of the English coastal route etc Clause 299: Restricting liabilities of Natural England and the Secretary of State Clause 300: Occupiers’ liability Clause 301: Isles of Scilly Clause 302: The Crown Clause 303: Interpretation of this Part Clause 304: Powers of National Assembly for Wales PART 10: MISCELLANEOUS Clause 306: Natural England not to be responder for Civil Contingencies Act 2004 Countryside Council for Wales Works detrimental to navigation Harbours Act 1964 PART 11: SUPPLEMENTARY PROVISIONS Clause 311: Directions Clause 312: Offences by directors, partners, etc Clause 313: Disapplication of requirement for consent to certain prosecutions Clause 314: Power to make transitional provisions and savings Clause 315: Repeals Clause 316: Interpretation Clause 317: Extent Clause 318: Commencement Clause 319: Short title SCHEDULE 1: THE MARINE MANAGEMENT ORGANISATION SCHEDULE 2: MINOR AND CONSEQUENTIAL ARRANGEMENTS RELATING TO THE MMO Paragraph 2: Parliamentary Commissioner Act 1967 Paragraph 3: House of Commons Disqualification Act 1975 Paragraph 4: Race Relations Act 1976 Paragraph 5: Inheritance Tax Act 1984 Paragraph 6: Freedom of Information Act 2000 SCHEDULE 3: TRANSFER SCHEMES Paragraph 1: Introductory Paragraph 2: The property, rights and liabilities that may be transferred Paragraph 3: Creation and apportionment of property, rights or liabilities Paragraph 4: Vesting certificates Paragraph 5: Employment contracts Paragraph 6: Employee expressing objection to transfer of contract of employment Paragraph 7: Right to terminate contract of employment for substantial detrimental change in conditions Paragraph 8: Civil servants Paragraph 9: Compensation Paragraph 10: Validity Paragraph 11: Continuity Paragraph 12: Documents Paragraph 13: Remedies Paragraph 14: Interim arrangements Paragraph 15: Retrospective modification of schemes Paragraph 16: Incidental, consequential, supplemental, or transitional provision or savings SCHEDULE 4: EXCLUSIVE ECONOMIC ZONE AND WELSH ZONE: CONSEQUENTIAL AMENDMENTS SCHEDULE 5: PREPARATION OF AN MPS OR OF AMENDMENTS OF AN MPS SCHEDULE 6: MARINE PLANS: PREPARATION AND ADOPTION SCHEDULE 7: FURTHER PROVISION ABOUT CIVIL SANCTIONS UNDER PART 4 Paragraph 1: Interpretation Paragraph 2: Fixed monetary penalties: other sanctions Paragraph 3: Variable monetary penalties: other sanctions Paragraph 4: Combination of sanctions Paragraph 5: Monetary penalties Paragraph 6: Costs recovery Paragraph 7: Appeals Paragraph 8: Consultation Paragraph 9: Guidance as to use of civil sanctions Paragraph 10: Guidance as to enforcement of offences Paragraph 11: Publication of enforcement action Paragraph 12: Payment of penalties into Consolidated Fund etc Paragraph 13: Disclosure of information SCHEDULE 8: LICENSING: MINOR AND CONSEQUENTIAL AMENDMENTS Paragraphs 5 and 6: Electronic communications apparatus: operations in tidal waters etc; Electronic communications: emergency works Paragraph 7: Application of Part 3 in relation to submarine pipelines Paragraph 8: Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4 SCHEDULE 9: LICENSING: TRANSITIONAL PROVISION RELATING TO PART 4 Paragraph 8: Channel Islands and British Overseas Territories Paragraph 9: Dredging Paragraph 10: Water Resources Act 1991 Paragraphs 11 and 12: Electronic Communications Code: England and Wales; Electronic Communications Code: Scotland Paragraph 13: Direction under section 58(1)(c) of the Government of Wales Act 2006 SCHEDULE 10: FURTHER PROVISION ABOUT FIXED MONETARY PENALTIES UNDER SECTION 142 SCHEDULE 11: CONSEQUENTIAL AMENDMENTS RELATING TO MCZS SCHEDULE 12: TRANSITIONAL PROVISION RELATING TO MCZS SCHEDULE 13: MARINE BOUNDARIES OF SSSIS AND NATIONAL NATURE RESERVES PART 1 PART 3 SCHEDULE 14: INSHORE FISHERIES AND CONSERVATION AUTHORITIES: AMENDMENTS SCHEDULE 15: SEA FISH (CONSERVATION) ACT 1967: MINOR AND CONSEQUENTIAL AMENDMENTS SCHEDULE 16: MIGRATORY AND FRESHWATER FISH: CONSEQUENTIAL AMENDMENTS SCHEDULE 17: WARRANTS ISSUED UNDER SECTION 243 SCHEDULE 18: FORFEITURE OF PROPERTY UNDER SECTION 269 OR 270 SCHEDULE 20: ESTABLISHMENT AND MAINTENANCE OF ENGLISH COASTAL ROUTE ETC Agreements relating to establishment and maintenance of the route Establishment and maintenance of route in absence of agreement Appeals relating to notices under paragraph 3 Power for Natural England to fund works Erection and maintenance of notices and signs Removal of notices and signs Powers of entry Interpretation of Schedule SCHEDULE 21: AMENDMENTS OF THE HARBOURS ACT 1964 Paragraph 3: Delegation of certain functions Paragraph 4: Consent of Welsh Ministers or Secretary of State required for making of certain orders Paragraph 5: Procedure for dealing with applications for harbour orders; Paragraph 6: Procedure where harbour revision orders are made otherwise than on application and Paragraph 7: Application of paragraphs 5 and 6 FINANCIAL EFFECTS OF THE BILL EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER IMPACT ASSESSMENT Marine and Coastal Access Bill [HL] Impact Assessment Coastal Access Impact Assessment CARBON IMPACT EUROPEAN CONVENTION ON HUMAN RIGHTS Part 1: Marine Management Organisation Part 3: Marine Planning Part 4: Marine Licensing Part 5: Marine Conservation Zones Part 6: Inshore Fisheries and Conservation Authorities Part 7: Fisheries Part 8: Enforcement Part 9: Coastal Access Part 10: Miscellaneous TERRITORIAL EXTENT TERRITORIAL APPLICATION: WALES COMMENCEMENT

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