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Public Bill Committee Proceedings: 7 July 2009            



Marine and Coastal Access Bill-[ [], continued



any other persons lawfully exercising the right of several or


regulated fishery in that area or in other areas that will be


affected by the order.



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.



In this section “development” has the same meaning as in the Town and


Country Planning Act 1990.



The criteria to be taken into account by the Minister in considering the


exercise of his discretion under subsection (10) above shall include—



in cases where the proposed order relates to any portion of the


sea shore belonging to Her Majesty in right of the Crown, the


powers and duties of the Crown Estate Commissioners under the


Crown Estate Act 1961;



the importance of maintaining the promoting a long term


sustainable fishery in the area;



the levels of investment in the fishery and the extent to which


that investment will not be recoverable if the variation or


revocation of the order is made;



the extent to which any compensation payable if any variation or


revocation is made will not compensate all those who will suffer


loss thereby;



the loss of local employment that is likely to be caused by the


making of the variation or revocation;



the extent to which such a variation or revocation might have


been made prior to the amendment to this Act made by the


Marine and Coastal Access Act 2009;



the extent to which there was a public right of fishery in the area


prior to the grant of the order such that the owners or reputed


owners do not have any right to redevelop.”’.



Clauses 228 to 243 Agreed to.


Schedule 17 Agreed to.


Clauses 244 to 271 Agreed to.


Schedule 18 Agreed to.


Clauses 272 to 289 Agreed to.



Public Bill Committee Proceedings: 7 July 2009            



Marine and Coastal Access Bill-[ [], continued


Mr Richard Benyon


Angela Watkinson


Mr Hugo Swire


Mr David Jones


Mr Charles Walker


Withdrawn  41


Clause  290,  page  186,  line  28,  at end insert—



Where excepted land described in paragraphs 3 and 11 of Schedule 1 to the


CROW Act (excepted land for purposes of Part 1) becomes land which is not


excepted land for the purposes of coastal margin by virtue of an order made under


section 3A of the CROW Act, in discharging the coastal access duty in relation


to the creation of new rights of way Natural England and the Secretary of State


shall use their best endeavours to treat such land as excepted land unless they are


satisfied that there are no practicable alternatives.’.


Clause Agreed to.



Mr Richard Benyon


Angela Watkinson


Mr Hugo Swire


Mr David Jones


Mr Charles Walker


Withdrawn  33


Clause  291,  page  187,  line  17,  leave out ‘aim to’.


Martin Salter


Dr Alan Whitehead


Not selected  65


Clause  291,  page  187,  line  20,  leave out subsection (4) and add—



References to a person having a relevant interest in land shall have the same


meaning as that in section 45 of the CROW Act (interpretation of Part 1).’.


Mr Richard Benyon


Angela Watkinson


Mr Hugo Swire


Mr David Jones


Mr Charles Walker


Withdrawn  34


Clause  291,  page  187,  line  23,  at end insert—


‘( )    

owns the sporting rights’.


Clause Agreed to.


[Adjourned until Thursday at 9.00 am

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