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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Schedule 13 — Marine boundaries of SSSIs and national nature reserves
Part 3 — National nature reserves

279

 

(b)   

any of the conditions in subsection (1C) is satisfied.

(1C)   

The conditions are—

(a)   

that the flora, fauna or features leading to the management of

area A as a nature reserve is or are also present in area B;

(b)   

that the management of area A as a nature reserve is by

5

reason of any flora or fauna which are dependent (wholly or

in part) on anything which takes place in, or is present in,

area B;

(c)   

that, without the inclusion of area B, the identification of the

boundary of the land declared to be a national nature reserve

10

(either in the declaration or on the ground for the purposes of

exercising functions in relation to it) would be impossible or

impracticable.

(1D)   

The ministerial authority may issue guidance to the appropriate

conservation body about the exercise of the power conferred by

15

subsection (1B) to make a declaration in relation to land lying below

mean low water mark.

   

“The ministerial authority” has the meaning given by section

35A(12).”

      (2)  

No declaration under subsection (1) of that section made before the coming

20

into force of this paragraph may be questioned in legal proceedings on the

ground that the area of land to which the declaration relates includes land

lying below mean low water mark.

Power to call in subtidal declarations of national nature reserves

11         

After section 35 of the 1981 Act insert—

25

“35A    

Power to call in subtidal declarations

(1)   

This section applies where—

(a)   

the appropriate conservation body propose to declare land to

be a national nature reserve under section 35(1), and

(b)   

the land to which the proposed declaration relates includes,

30

by virtue of section 35(1B), land lying below mean low water

mark (“the subtidal land”).

(2)   

The appropriate conservation body may not declare the reserve

unless, at least 21 days before doing so, they have given notice of

their intention to the ministerial authority.

35

(3)   

At any time before the reserve is declared the ministerial authority

may give notice to the appropriate conservation body that the

ministerial authority is considering whether to give a direction

under subsection (5) regarding the subtidal land.

(4)   

If the ministerial authority gives notice under subsection (3), the

40

appropriate conservation body may not declare the reserve until the

ministerial authority has given a direction under subsection (5).

(5)   

The ministerial authority may direct—

(a)   

that the reserve (if declared) must include all of the subtidal

land;

45

 
 

Marine and Coastal Access Bill [HL]
Schedule 14 — Inshore fisheries and conservation authorities: amendments

280

 

(b)   

that the reserve (if declared) must not include any of the

subtidal land;

(c)   

that the reserve (if declared) must, or must not, include such

part of that land as is specified in the direction;

(d)   

that the decision whether the reserve (if declared) should

5

include the subtidal land is to be taken by the appropriate

conservation body.

(6)   

The ministerial authority may, before deciding whether to give a

direction under subsection (5), give to any person the opportunity

of—

10

(a)   

appearing before and being heard by a person appointed by

the ministerial authority for that purpose;

(b)   

providing written representations to such a person.

(7)   

A person appointed under subsection (6) must make a report to the

ministerial authority of any oral or written representations made

15

under that subsection.

(8)   

The ministerial authority may make regulations providing for the

procedure to be followed (including decisions as to costs) at hearings

held under subsection (6).

(9)   

The power to make regulations under subsection (8) is exercisable by

20

statutory instrument.

(10)   

A statutory instrument containing regulations made under

subsection (8) by the Secretary of State shall be subject to annulment

in pursuance of a resolution of either House of Parliament.

(11)   

A statutory instrument containing regulations made under

25

subsection (8) by the Welsh Ministers shall be subject to annulment

in pursuance of a resolution of the National Assembly for Wales.

(12)   

In this section “the ministerial authority” means—

(a)   

in relation to England, the Secretary of State;

(b)   

in relation to Wales, the Welsh Ministers.”

30

Schedule 14

Section 179

 

Inshore fisheries and conservation authorities: amendments

Coast Protection Act 1949 (c. 74)

1          

The Coast Protection Act 1949 is amended as follows.

2          

In section 2 (constitution of coast protection boards)—

35

(a)   

in subsection (2)(b), after “fishery board,” insert “inshore fisheries

and conservation authority,”;

(b)   

in subsection (8)(a), after “(other than the Tweed Commissioners)”

insert “, inshore fisheries and conservation authority”.

3          

In section 45 (service of notices and other documents), in subsection (1)(b),

40

after “fishery board,” insert “inshore fisheries and conservation authority,”.

 
 

Marine and Coastal Access Bill [HL]
Schedule 14 — Inshore fisheries and conservation authorities: amendments

281

 

4          

In section 49(1) (interpretation) after the definition of “functions” insert—

““inshore fisheries and conservation authority” means the

authority for an inshore fisheries and conservation district

established under section 149 of the Marine and Coastal

Access Act 2009;”.

5

5          

In Part 1 of the First Schedule (general provisions concerning procedure for

making orders, etc), in paragraph 1(b), after “fishery board,” insert “inshore

fisheries and conservation authority,”.

Nuclear Installations Act 1965 (c. 57)

6          

In section 3 of the Nuclear Installations Act 1965 (grant and variation of

10

nuclear site licences), in subsection (3), after paragraph (b) insert—

“(ba)   

any inshore fisheries and conservation authority;”.

Sea Fish (Conservation) Act 1967 (c. 84)

7          

In section 3 of the Sea Fish (Conservation) Act 1967 (regulation of nets and

other fishing gear), in subsection (7), before “or in any regulation made”

15

insert “or in any byelaw made under section 155 of the Marine and Coastal

Access Act 2009,”.

Prevention of Oil Pollution Act 1971 (c. 60)

8          

In section 19 of the Prevention of Oil Pollution Act 1971 (prosecutions) after

subsection (5) insert—

20

“(5A)   

If an inshore fisheries and conservation authority for a district

established under section 149 of the Marine and Coastal Access Act

2009, or any inshore fisheries and conservation officer appointed by

the authority under section 165 of that Act, is authorised in that

behalf under subsection (1) of this section, the authority may

25

institute proceedings for any offence under this Act committed

within the district.”

Local Government Act 1974 (c. 7)

9          

In section 31A of the Local Government Act 1974 (consideration of adverse

reports), in subsection (3)—

30

(a)   

after paragraph (a) insert—

“(aa)   

an inshore fisheries and conservation authority for a

district established under section 149 of the Marine

and Coastal Access Act 2009,”;

(b)   

after “that committee” insert “, authority”.

35

Fisheries Act 1981 (c. 29)

10         

In Part 1 of Schedule 4 to the Fisheries Act 1981 (exemptions for fish farming:

offences to which section 33(1) applies), after paragraph 17A (inserted by the

Inshore Fishing (Scotland) Act 1984 (c. 26)) insert—

“17B.      

Any offence under section 163 of the Marine and Coastal Access

40

Act 2009 (contravention of byelaws made by inshore fisheries and

conservation authorities).”

 
 

Marine and Coastal Access Bill [HL]
Schedule 14 — Inshore fisheries and conservation authorities: amendments

282

 

Wildlife and Countryside Act 1981 (c. 69)

11         

In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of

Part 1)—

(a)   

in paragraph (c) of the definition of “authorised person”, after “the

Salmon Fisheries (Scotland) Act 1862” insert “or an inshore fisheries

5

and conservation authority”;

(b)   

after the definition of “inland waters” insert—

““inshore fisheries and conservation authority” means

the authority for an inshore fisheries and

conservation district established under section 149 of

10

the Marine and Coastal Access Act 2009;”.

Local Government and Housing Act 1989 (c. 42)

12         

The Local Government and Housing Act 1989 is amended as follows.

13    (1)  

Section 5 (designation and reports of monitoring officer) is amended as

follows.

15

      (2)  

After subsection (3) insert—

“(3A)   

The references in subsection (2) above, in relation to a relevant

authority in England, to a committee or sub-committee of the

authority and to a joint committee on which they are represented

shall be taken to include references to—

20

(a)   

any inshore fisheries and conservation authority (“IFC

authority”) the members of which include persons who are

members of the relevant authority, and

(b)   

any sub-committee appointed by such an authority;

   

but in relation to any such IFC authority or sub-committee the

25

reference in subsection (3)(b) above to each member of the authority

shall have effect as a reference to each member of the IFC authority

or, as the case may be, of the IFC authority which appointed the sub-

committee.”

      (3)  

In subsection (5), after “a relevant authority” insert “and of any IFC authority

30

falling within paragraph (a) of subsection (3A) above”.

      (4)  

In subsection (8), after the definition of “chief finance officer” insert—

““inshore fisheries and conservation authority” means the

authority for an inshore fisheries and conservation district

established under section 149 of the Marine and Coastal

35

Access Act 2009;”.

14         

In section 13 (voting rights of members of certain committees), in subsection

(4), after paragraph (f) insert—

“(fa)   

an inshore fisheries and conservation authority for a district

established under section 149 of the Marine and Coastal

40

Access Act 2009;”.

15         

In paragraph 2(1) of Schedule 1 (political balance on local authority

committees etc) after paragraph (bb) insert—

“(bc)   

an inshore fisheries and conservation authority for a

district established under section 149 of the Marine and

45

Coastal Access Act 2009;”.

 
 

Marine and Coastal Access Bill [HL]
Schedule 15 — Sea Fish (Conservation) Act 1967: minor and consequential amendments

283

 

Radioactive Substances Act 1993 (c. 12)

16         

The Radioactive Substances Act 1993 is amended as follows.

17         

In section 47(1) (general interpretation provisions), in the definition of

“relevant water body”, after “sewerage undertaker” insert “or an inshore

fisheries and conservation authority”.

5

18         

In Schedule 3 (enactments to which section 40 applies), after paragraph 10

insert—

“10A       

Section 155 of the Marine and Coastal Access Act 2009.”.

Freedom of Information Act 2000 (c. 36)

19         

In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local

10

government bodies which are public authorities), after paragraph 35A

insert—

“35B       

An inshore fisheries and conservation authority for a district

established under section 149 of the Marine and Coastal Access

Act 2009.”

15

Natural Environment and Rural Communities Act 2006 (c. 16)

20         

In Schedule 7 to the Natural Environment and Rural Communities Act 2006

(designated bodies), after paragraph 1 insert—

“1A        

An inshore fisheries and conservation authority for a district

established under section 149 of the Marine and Coastal Access

20

Act 2009.”

Schedule 15

Section 196

 

Sea Fish (Conservation) Act 1967: minor and consequential amendments

Sea Fish (Conservation) Act 1967 (c. 84)

1     (1)  

Section 1 (size limits, etc for fish) is amended as follows.

25

      (2)  

In subsection (4)—

(a)   

for “Different sizes” substitute “Different requirements as to size”;

(b)   

for “different sizes” substitute “different requirements as to size”.

      (3)  

In subsection (5)—

(a)   

for “a size” substitute “requirements as to size”;

30

(b)   

for the words from “if the part” to the end substitute “if the part does

not meet the requirements as to size so prescribed.”

      (4)  

In subsection (8)—

(a)   

for “a relevant British fishing boat or a Scottish fishing boat”

substitute “a relevant British vessel, a Scottish fishing boat or a

35

Northern Ireland fishing boat”;

(b)   

for “foreign fishing boat” substitute “foreign vessel”.

 
 

Marine and Coastal Access Bill [HL]
Schedule 15 — Sea Fish (Conservation) Act 1967: minor and consequential amendments

284

 

2     (1)  

Section 3 (regulation of nets and other fishing gear) is amended as follows.

      (2)  

In subsection (3)(c), after “classes of fishing boats,” insert “or particular

persons or persons of a particular description,”.

      (3)  

In subsection (7), after “carrying” (in each place where it occurs) insert “or

use”.

5

3     (1)  

Section 5 (power to restrict fishing for sea fish) is amended as follows.

      (2)  

In subsection (2), for the words after “different provision” substitute “for

different cases”.

      (3)  

In subsection (5), after “prohibition” insert “or restriction”.

      (4)  

In subsection (6)—

10

(a)   

after “is made” insert “by virtue of paragraph (a) of subsection (1)

above”;

(b)   

for “any fishing operations conducted” substitute “fishing”;

(c)   

for the words from “are taken” to “applies” substitute “are caught by

a person, or taken on board a fishing boat, in contravention of the

15

prohibition”.

      (5)  

After subsection (6) insert—

“(6A)   

A person who does not comply with subsection (6) above shall be

guilty of an offence under that subsection.”

4          

In section 11 (penalties for offences), in subsection (3), for “subsection (5)”

20

substitute “subsection (4)”.

Fisheries Act 1981 (c. 29)

5     (1)  

Schedule 4 (exemptions for fish farming) is amended as follows.

      (2)  

In Part 1 (offences to which section 33(1) applies)—

(a)   

in paragraph 12, for “smaller than prescribed size” substitute “which

25

do not meet prescribed size requirements”;

(b)   

in paragraph 13, after “section 3(5)” insert “or (5A)”;

(c)   

in paragraph 16, after “prohibiting” insert “or restricting”.

      (3)  

In Part 2 (offences to which section 33(5) applies), in paragraph 33—

(a)   

for “the Sea Fisheries (Conservation) Act 1967” substitute “the Sea

30

Fish (Conservation) Act 1967”;

(b)   

for “smaller than the prescribed size” substitute “which do not meet

prescribed size requirements”.

 
 

 
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