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Marine and Coastal Access Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—

Clause 1
Schedules 1 and 2
Clauses 2 to 37
Schedule 3
Clauses 38 to 41
Schedule 4
Clauses 42 to 45
Schedule 5
Clauses 46 to 49
Schedule 6
Clauses 50 to 94
Schedule 7
Clauses 95 to 109
Schedules 8 and 9
Clauses 110 to 140
Schedule 10
Clauses 141 and 142
Schedules 11 and 12
Clauses 143 and 144
Schedule 13
Clauses 145 to 175
Schedule 14
Clauses 176 to 192
Schedule 15
Clauses 193 to 223
Schedule 16
Clauses 224 to 239
Schedule 17
Clauses 240 to 267
Schedule 18
Clauses 268 to 294
Schedule 19
Clauses 295 to 305
Schedule 20
Clauses 306 to 311
Schedule 21
Clauses 312 to 315

[Amendments marked * are new or have been altered]

 

Clause 1

 

LORD GREAVES

 

LORD TYLER

1*Page 1, line 6, leave out "Management Organisation ("the MMO")" and insert "Agency ("the Agency")"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

2Page 1, line 7, at end insert—
"(1A)  The purpose of the MMO is to represent the public interest in the marine environment."
 

LORD GREAVES

 

LORD TYLER

3*Page 1, line 8, leave out "MMO" and insert "Agency"
4*Page 1, line 10, leave out "MMO" and insert "Agency"
5*Page 1, line 12, leave out "MMO" and insert "Agency"
 

Schedule 1

 

LORD GREAVES

 

LORD TYLER

6*Page 212, line 22, leave out "5, nor more than"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

7*Page 212, line 28, at end insert—
 

"Nomination by other bodies

  The Committee on Climate Change or the Infrastructure Planning Commission may nominate a member for considertion by the Secretary of State under sub-paragaph 3(1)above."
 

LORD GREAVES

 

LORD TYLER

8*Page 213, line 7, leave out from "that" to end of line 8 and insert "as far as is practical, the skills and experience of the members cover the full range of functions of the MMO"
 

LORD GREAVES

 

LORD TYLER

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

9Page 213, line 8, at end insert ", and
(c)  of experience in or knowledge of marine science or marine conservation."
 

LORD GREAVES

 

LORD TYLER

10*Page 213, line 10, leave out paragraph 6
11*Page 214, line 22, leave out "may" and insert "shall"
 

LORD TAYLOR OF HOLBEACH

 

LORD KINGSLAND

12*Page 215, line 5, at end insert—
"(   )  In appointing other employees, the MMO must ensure the employment of sufficient persons with scientific capabilty or expertise for the exercise of its functions."
 

LORD GREAVES

 

LORD TYLER

13*Page 216, line 6, leave out sub-paragraph (3)
14Page 217, line 10, at end insert "and how it has taken steps to deliver its general objective, in particular to further sustainable development"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

15*Page 217, line 10, at end insert "including—
(a)  their objectives for the next financial year;
(b)  a business plan for the meeting of those objectives; and
(c)  whether they have met their objectives for the year."
 

LORD WALLACE OF TANKERNESS

 

LORD GREAVES

16Page 217, line 14, at end insert—
"(3A)      The MMO shall, no later than seven days after sending the report to the Secretary of State in pursuance of sub-paragraph (2), send a copy of the report to the Scottish Ministers, who shall lay a copy of the report before the Scottish Parliament no earlier than a copy is laid before each House of Parliament."
 

LORD LIVSEY OF TALGARTH

 

LORD GREAVES

17*Page 217, line 14, at end insert—
"(3B)  The MMO shall, no later than seven days after sending the report to the Secretary of State in pursuance of sub-paragraph (2) send a copy of the report to the Welsh Ministers, who shall lay a copy of the report before the National Assembly for Wales no earlier than a copy is laid before each House of Parliament."
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

18*Page 217, line 15, at end insert "within 12 months of the year end"
 

Schedule 2

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

19*Page 219, line 7, at end insert—
 

"Climate Change Act 2008 (c. 27)

  After paragraph 1(3) of Schedule 1 to the Climate Change Act 2008 (c. 27) insert—
"(3A)  The MMO or the Infrastructure Planning Commission may nominate a member for consideration by the national authorities under sub-paragraph (1) above.""
20*Page 218, line 70, at end insert—
 

"Planning Act 2008 (c. 29)

  After paragraph 1(2) of Schedule 1 to the Planning Act 2008 (c. 29) insert—
"(3)  The MMO or the Committee on Climate Change may nominate a Commissioner for consideration by the Secretary of State under sub-paragraph (1) above."
 

Clause 2

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

21Page 2, line 2, leave out subsection (1) and insert—
"(1)  The MMO's general objective is the promotion of sustainable development of the marine environment.
(1A)  It is the duty of the MMO to secure that the general objective is so exercised that the carrying on of activities by persons in the MMO's area is managed, regulated or controlled in a manner which is consistent and co-ordinated (see subsection (2))."
 

LORD GREAVES

 

LORD TYLER

22*Page 2, line 2, leave out first "MMO" and insert "Agency"
23*Page 2, line 2, leave out second "MMO" and insert "Agency"
24*Page 2, line 3, leave out "MMO's" and insert "Agency's"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

25Page 2, line 5, leave out paragaph (a) and insert—
"(a)  so as to promote a healthy marine ecosystem throughout UK marine waters,"
26Page 2, line 7, leave out from first "of" to end of line 8 and insert "defining which elements of sustainable development should have priority in certain marine areas"
 

LORD GREAVES

 

LORD TYLER

27Page 2, line 7, leave out "making a contribution to" and insert "taking reasonable steps, consistent with the proper exercise of its functions, to further"
 

LORD TAYLOR OF HOLBEACH

 

LORD KINGSLAND

28*Page 2, line 8, at end insert ", and
(c)  with regard to the best available scientific evidence"
 

LORD GREAVES

 

LORD TYLER

29*Page 2, line 9, leave out "MMO's" and insert "Agency's"
30*Page 2, line 10, leave out "MMO" and insert "Agency"
 

LORD GREAVES

 

LORD TYLER

 

LORD LIVSEY OF TALGARTH

31Page 2, line 10, at end insert—
"(   )  The MMO shall co-operate with any existing body or body established in the United Kingdom with similar or the same functions as the MMO by means of Memoranda of Understanding, including in relation to areas where both bodies are exercising their respective functions."
 

LORD GREAVES

 

LORD TYLER

32*Page 2, line 10, at end insert—
"(   )  The MMO's general objective includes—
(a)  promoting marine conservation and protecting and enhancing biodiversity and habitats,
(b)  conserving and enhancing the marine landscape including the seabed and geological features,
(c)  promoting the study, understanding and enjoyment of the marine environment,
(d)  undertaking research and providing information and advice to the Secretary of State and other public bodies, and generally on all aspects of the UK marine area and the social and economic uses which take place in it.
(   )  In promoting its general objective, the MMO may in particular, work closely with coastal communities."
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

33*Page 2, line 10, at end insert—
"(   )  In performing the duty under subsection (1), the MMO must have regard—
(a)  to an ecosystem based approach;
(b)  to the promotion of marine biodiveristy flora and fauna;
(c)  for social and economic uses of the UK marine area;
(d)  for the delivery of maximum sustainable yields for fisheries;
(e)  for heritage and marine archaeology;
(f)  for European and international policies, such as the Marine Strategy Framework Directive and the Habitats Directive;
(g)  for mitigating and adapting to the effects of climate change;
(h)  to the development of renewable energy;
(i)  to the natural environment; and
(j)  to the seas in the UK marine area being of good environmental status by 2020 and thereafter."
 

LORD GREAVES

 

LORD TYLER

34*Page 2, line 14, leave out "MMO's" and insert "Agency's"
35*Page 2, line 16, leave out "that area" and insert "the UK marine area or an adjacent area of sea or land"
36*Page 2, line 17, leave out "that area" and insert "the UK marine area or an adjacent area of sea or land"
37*Page 2, line 18, leave out "MMO's" and insert "Agency's"
38*Page 2, line 19, leave out "MMO" and insert "Agency"
39*Page 2, line 20, leave out ""MMO" and insert ""Agency"
40*Page 2, line 21, leave out "MMO" and insert "Agency"
 

LORD TAYLOR OF HOLBEACH

 

LORD KINGSLAND

41*Page 2, line 21, at end insert—
"(   )  In seeking to secure the duty mentioned in subsection (1)(c), the MMO must consult with any relevant government or independent scientific bodies."
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

42*Page 2, line 21, at end insert—
"(   )  In seeking to ensure the consistency and co-ordination mentioned in subsection (1)(a), the MMO must consult with any relevant body with functions in the areas adjacent to, affecting or near the MMO's area."
 

LORD GREAVES

 

LORD TYLER

43*Page 2, line 22, leave out "MMO" and insert "Agency"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

44Page 2, line 22, after "guidance" insert "in line with the objective as defined by subsection (1)(a)"
 

LORD GREAVES

 

LORD TYLER

45*Page 2, line 23, leave out "MMO" and insert "Agency"
46Page 2, line 23, leave out "contribution to" and insert "furthering of"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

47Page 2, line 24, at end insert—
"(   )  When issuing guidance under subsection (3), the Secretary of State shall have regard to the secondary duties of the MMO as specified in subsection (1A)."
 

LORD GREAVES

 

LORD TYLER

48*Page 2, line 25, leave out "MMO" and insert "Agency"
49Page 2, line 26, at end insert—
"(4A)  The MMO must have due regard to the desirability of mitigating, and adapting to, climate change"
50*Page 2, line 29, leave out "MMO" and insert "Agency"
51*Page 2, line 30, leave out "MMO" and insert "Agency"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

52Page 2, line 30, at end insert—
"(5A)  Guidance issued under subsection (3) shall be—
(a)  issued within one year of the MMO's establishment; and
(b)  reviewed from time to time."
 

LORD GREAVES

 

LORD TYLER

53*Page 2, line 30, at end insert—
"(   )  The MMO must have regard to any such guidance given to it under this section."
54*Page 2, line 31, leave out "MMO" and insert "Agency"
55*Page 2, line 33, leave out "MMO" and insert "Agency"

 
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©Parliamentary copyright 2009
9 January 2009