Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
99

“animal” includes any egg, larva, pupa, or other immature stage of an
animal;
“appropriate authority” has the meaning given by section 116(5);
“the appropriate statutory conservation body” means—
(a)
in respect of an area in England, Natural England,
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(b)
in respect of an area in Wales, the Countryside Council for
Wales,
(c)
in respect of an area outside the seaward limits of the territorial
sea, the Joint Nature Conservation Committee;
“enforcement authority” means, in relation to any area, any authority
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which has a function (whether or not statutory) of taking any action
with a view to or in connection with the imposition of any sanction,
criminal or otherwise, in a case where an offence under this Chapter is
committed in that area;
“emergency byelaw” has the meaning given by section 131;
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“England” includes the English inshore region;
“interim byelaw” means a byelaw made under section 132(1);
“interim order” means an order made under section 136(1);
“marine installation” means any artificial island, installation or structure;
“MCZ” means a marine conservation zone designated by an order under
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section 116;
“protected feature”, in relation to an MCZ or proposed MCZ, means any
flora, fauna, habitat or feature which is sought to be conserved by the
making of the order designating the zone;
“sea” has the meaning given by section 317(1), except that it does not
25
include any waters upstream of the fresh-water limit of estuarial
waters;
“seashore” means—
(a)
the foreshore, that is to say, land which is covered and
uncovered by the ordinary movement of the tide, and
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(b)
any land, whether or not covered intermittently by water,
which is in apparent continuity (determined by reference to the
physical characteristics of that land) with the foreshore, as far
landward as any natural or artificial break in that continuity;
“vehicles” includes—
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(a)
bicycles and other non-motorised forms of transport, and
(b)
hovercraft;
“vessels” includes—
(a)
hovercraft,
(b)
aircraft capable of landing on water, and
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(c)
any other craft capable of travelling on, in or under water,
whether or not capable of carrying any person;
“Wales” includes the Welsh inshore region.
(2)
In the definition of “sea” in subsection (1) “estuarial waters” means any waters
within the limits of transitional waters, within the meaning of the Water
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Framework Directive (that is to say, Directive 2000/60/EC of the European
Parliament and of the Council of 23 October 2000 establishing a framework for
Community action in the field of water policy).

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
100

Chapter 2
Other conservation sites
148
Marine boundaries of SSSIs and national nature reserves
Schedule 13 (which amends the Wildlife and Countryside Act 1981 (c. 69) in
relation to sites of special scientific interest and national nature reserves) has
5
effect.
Part 6
Management of inshore fisheries
Chapter 1
Inshore fisheries and conservation authorities
10
Inshore fisheries and conservation districts and authorities
149
Establishment of inshore fisheries and conservation districts
(1)
The Secretary of State may by order establish inshore fisheries and
conservation districts.
(2)
An inshore fisheries and conservation district (an “IFC district”) is an area that
15
consists of—
(a)
one or more local authority areas in England that include part of the
seashore, and
(b)
such part of the English inshore region lying seawards from that part of
the seashore as is specified in the order establishing the district.
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(3)
Before making an order establishing an IFC district the Secretary of State must
consult—
(a)
the council for every local authority area that would, if the order were
made, fall within the IFC district established by the order,
(b)
the Environment Agency,
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(c)
Natural England,
(d)
the MMO,
(e)
the authority for any existing IFC district that would, if the order were
made, adjoin the IFC district established by the order,
(f)
the Welsh Ministers, in a case where, if the order were made, the IFC
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district established by the order would adjoin the Welsh inshore region,

and any other person likely to be affected by the making of the order.
150
Inshore fisheries and conservation authorities
(1)
There is to be an inshore fisheries and conservation authority (an “IFC
authority”) for every IFC district established under section 149.
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(2)
Any reference in this Chapter to the authority for an IFC district is a reference
to the IFC authority for that district.
(3)
An authority for an IFC district is—

Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
101

(a)
a committee of the council for the local authority area falling within the
district;
(b)
where there is more than one local authority area falling within the
district, a joint committee of the councils for those local authority areas.
151
Membership and proceedings of IFC authorities
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(1)
An order under section 149 establishing an IFC district must provide for the
IFC authority for the district to consist of—
(a)
persons who are members of a relevant council,
(b)
persons appointed by the MMO, and
(c)
other persons.
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(2)
The persons appointed as members of the authority for the district by virtue of
subsection (1)(b) must comprise—
(a)
persons acquainted with the needs and opinions of the fishing
community of the district, and
(b)
persons with knowledge of, or expertise in, marine environmental
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matters.
(3)
The Secretary of State may by order amend subsection (2) so as to—
(a)
add descriptions of persons who may be appointed by virtue of
subsection (1)(b) as members of an IFC authority;
(b)
vary or remove any descriptions added by virtue of paragraph (a).
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An order under this subsection may make such other amendments of this
section as appear to the Secretary of State to be necessary in consequence of the
order.
(4)
An order under section 149 establishing an IFC district must specify the
number of members of the authority for the district.
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(5)
The order must also specify—
(a)
the number of members falling within paragraph (a), and the number
of members falling within paragraph (b), of subsection (1);
(b)
in a case where there is more than one relevant council for the IFC
district established by the order, the number of members to be
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appointed from each council (which may, in the case of any particular
council, be none);
(c)
the number of members falling within paragraph (c) of subsection (1)
and the person or persons by whom they are to be appointed.
(6)
An order under section 149 establishing an IFC district may also include
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provision about—
(a)
how a member of the authority for the district is to be appointed;
(b)
qualification and disqualification for membership of the authority;
(c)
the conduct of members of the authority;
(d)
the appointment of a member of the authority as the chair of the
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authority;
(e)
the holding and vacation of office as a member, or as chair, of the
authority (including the circumstances in which a person ceases to hold
office or may be removed or suspended from office);
(f)
re-appointment as a member, or as chair, of the authority;
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Marine and Coastal Access Bill [HL]
Part 6 — Management of inshore fisheries
Chapter 1 — Inshore fisheries and conservation authorities
102

(g)
the validity of acts and proceedings of a person appointed as a member
of the authority in the event of disqualification or lack of qualification;
(h)
the validity of proceedings of the authority in the event of a vacancy in
membership or of a defect in the appointment of a member;
(i)
procedure to be followed by the authority;
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(j)
the delegation by the authority of any of its functions to a sub-
committee, member or employee of the authority;
(k)
the payment by the authority of allowances to a member and the
reimbursement by it of a member’s expenses.
(7)
The following provisions (which make provision about proceedings of local
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authority committees and joint committees) have effect in relation to the
authority for an IFC district subject to provision made by the order establishing
the district—
(a)
sections 100A to 100D, 104 and 106 of, and paragraphs 39 to 43 of
Schedule 12 to, the Local Government Act 1972 (c. 70);
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(b)
section 13 of the Local Government and Housing Act 1989 (c. 42);
(c)
Chapter 1 of Part 3 of the Local Government Act 2000 (c. 22).
(8)
In this section—
“the fishing community” means all persons with any sort of interest in the
exploitation of sea fisheries resources or in fisheries for such resources;
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“marine environmental matters” means—
(a)
the conservation or enhancement of the natural beauty or
amenity of marine or coastal areas (including their geological or
physiographical features) or of any features of archaeological or
historic interest in such areas, or
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(b)
the conservation of flora or fauna which are dependent on, or
associated with, a marine or coastal environment.
(9)
Until the date of the coming into force of section 1, the reference in subsection
(1)(b) to the MMO is to be read as a reference to the Secretary of State.

Any person appointed by the Secretary of State as a member of an IFC
30
authority is, on and after that date, to be treated as if appointed by the MMO.
152
Amendment or revocation of orders under section 149
(1)
The Secretary of State may amend or revoke an order made under section 149.
(2)
Before amending or revoking an order made under section 149 the Secretary of
State must consult—
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(a)
the authority for the IFC district established by the order,
(b)
the council for every local authority area that falls within the IFC
district established by the order,
(c)
the Environment Agency,
(d)
Natural England,
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(e)
the MMO,
(f)
the authority for any IFC district that adjoins the IFC district
established by the order,
(g)
the Welsh Ministers, in a case where the IFC district established by the
order adjoins the Welsh inshore region,
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and any other person likely to be affected by the amendment or revocation of
the order.