House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

13

House of Commons

Tuesday 7 July 2009

Public Bill Committee Proceedings

Marine and Coastal Access Bill [Lords]

[Fifth and Sixth Sittings]

Clause 24 Agreed to.

Mr Richard Benyon

Angela Watkinson

Mr Hugo Swire

Mr David Jones

Mr Charles Walker

Not called  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.’.

Clause 25 Agreed to.

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

Not called  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—

Public Bill Committee Proceedings: 7 July 2009
14

Marine and Coastal Access Bill-[ [], continued

“(b)
any advice from the Marine Management Organisation on

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

marine area.”’.

Clauses 26 to 39 Agreed to.

Schedule 24 Agreed to.

Clauses 40 to 43 Agreed to.

Huw Irranca-Davies

Agreed to  22

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

Schedule, as amended, Agreed to.

Clauses 149 to 152 Agreed to.

Andrew George

Withdrawn  53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,’.

Clause Agreed to.

Clauses 154 to 167 Agreed to.

Martin Salter

Linda Gilroy

Mr Roger Williams

Andrew George

Mr Charles Walker

Withdrawn  51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.

Public Bill Committee Proceedings: 7 July 2009
15

Marine and Coastal Access Bill-[ [], continued

(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.’.

Clause Agreed to.

Clauses 169 to 179 Agreed to.

Schedule 14 Agreed to.

Clauses 180 to 188 Agreed to.

New Clauses Relating to Part 6

Duty on Welsh Ministers in relation to management of inshore fisheries

Roger Williams

Andrew George

Not called  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

Not called  NC3

To move the following Clause:—

Public Bill Committee Proceedings: 7 July 2009
16

Marine and Coastal Access Bill-[ [], continued

‘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.”’.

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

Not called  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.’.

Clauses 189 to 196 Agreed to.

Schedule 15 Agreed to.

Huw Irranca-Davies

Agreed to  56

Clause  197,  page  124,  leave out from beginning of line 11 to ‘subsection’ in line 12 and

insert—

Public Bill Committee Proceedings: 7 July 2009
17

Marine and Coastal Access Bill-[ [], continued

‘(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’.

Huw Irranca-Davies

Agreed to  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).’.

Huw Irranca-Davies

Agreed to  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.”’.

Clause, as amended, Agreed to.

Clauses 198 to 227 Agreed to.

Martin Salter

Withdrawn  52

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

Schedule Agreed to.

nEW cLAUSE relating to Part 7

Variation etc of orders as a result of development

Huw Irranca-Davies

Added  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.

Public Bill Committee Proceedings: 7 July 2009
18

Marine and Coastal Access Bill-[ [], continued

(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

(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.”’.

Public Bill Committee Proceedings: 7 July 2009
19

Marine and Coastal Access Bill-[ [], continued

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

Andrew George

Mr Roger Williams

Not selected  NC6

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

(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, having considered the criteria

set out in subsection (15), 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 comprised 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 include—

(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 or to any

other persons lawfully exercising the right in that area or in other

areas that will be affected by the order;

(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,

(b)
the owners or reputed owners, lessees or reputed lessees and

occupiers, if any, of the affected area, and