House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

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Withdrawn  41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