|
|
| |
| |
|
| | (c) | any other persons lawfully exercising the right of several or |
|
| | regulated fishery in that area or in other areas that will be |
|
| | |
| | (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. |
|
| | (15) | The criteria to be taken into account by the Minister in considering the |
|
| | exercise of his discretion under subsection (10) above shall include— |
|
| | (a) | 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 |
|
| | |
| | (b) | the importance of maintaining the promoting a long term |
|
| | sustainable fishery in the area; |
|
| | (c) | 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; |
|
| | (d) | the extent to which any compensation payable if any variation or |
|
| | revocation is made will not compensate all those who will suffer |
|
| | |
| | (e) | the loss of local employment that is likely to be caused by the |
|
| | making of the variation or revocation; |
|
| | (f) | 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; |
|
| | (g) | 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. |
|
| | |
| | Clauses 244 to 271 Agreed to. |
|
| | |
| | Clauses 272 to 289 Agreed to. |
|
| |
|
|
| |
| |
|
| |
| |
| |
| |
| |
| | |
| Clause 290, page 186, line 28, at end insert— |
|
| | ‘(6A) | 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 291, page 187, line 17, leave out ‘aim to’. |
|
| |
| |
| | |
| Clause 291, page 187, line 20, leave out subsection (4) and add— |
|
| | ‘(4) | 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).’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 291, page 187, line 23, at end insert— |
|
| | ‘( ) | owns the sporting rights’. |
|
| | |
| [Adjourned until Thursday at 9.00 am |
|
|