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Public Bill Committee Proceedings: 7 July 2009            

20

 

Marine and Coastal Access Bill-[ [], continued

 
 

(c)    

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.

 

(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

 

Crown Estate Act 1961;

 

(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

 

loss thereby;

 

(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.

 

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            

21

 

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Withdrawn  41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—

 

‘(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 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—

 

‘(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).’.

 

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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