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Marine and Coastal Access Bill [HL]


EIGHTH
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—

Clauses 116 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]

Amendment
No.

 

Clause 116

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A142Page 69, line 39, leave out "the appropriate authority thinks"
 

BARONESS HOOPER

 

LORD HOWARTH OF NEWPORT

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD LOW OF DALSTON

A143Page 70, line 1, leave out "any persons" and insert "statutory consultees and any other persons"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A144Page 70, line 1, leave out "the appropriate authority thinks"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A145Page 70, line 3, at end insert—
"(   )  The appropriate authority must consult relevant statutory Nature Conservation Agencies."
A146Page 70, line 31, leave out subsections (10) and (11)
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

 

LORD GREENWAY

A147Page 70, line 31, leave out "the appropriate authority thinks that"
 

Clause 118

 

LORD GREENWAY

A148Page 71, line 14, at end insert—
"(3)  Before amending an order, the appropriate authority shall comply with subsections (2) to (9) of section 116."
 

Clause 119

 

BARONESS YOUNG OF OLD SCONE

A149Page 71, line 17, leave out "power" and insert "duty"
A150Page 71, line 18, leave out "power" and insert "duty"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A150APage 71, line 20, after "authority" insert "for the purpose of conserving marine flora or fauna or marine habitats or types of marine habitat"
 

BARONESS YOUNG OF OLD SCONE

A151Page 71, line 22, after "sites" insert ", Ransar sites and sites of special scientific interest"
A152Page 71, line 22, leave out "a network" and insert "an ecologically coherent network"
A153[Withdrawn]
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

 

LORD MORAN

 

EARL OF SHREWSBURY

A154Page 71, line 26, at end insert "as defined in section 113(2)"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A155Page 71, line 27, leave out paragraph (b)
 

BARONESS YOUNG OF OLD SCONE

A156Page 71, line 30, leave out "more than one site" and insert "multiple sites, and that the sites are of adequate size and quality"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

 

LORD MORAN

 

EARL OF SHREWSBURY

A157Page 71, line 31, at end insert—
"(d)  that the purpose of designating sites as a network is to implement the ecosystem-based approach to marine management;
(e)  that the network should cover at least 30 per cent of the UK marine area, and the appropriate authority should aim to deliver this coverage by 2020"
 

BARONESS YOUNG OF OLD SCONE

A158Page 71, line 31, at end insert—
"(d)  that the location of designated sites reflects the fact that the conservation of a feature may require that flora and fauna are able to move between protected areas;
(e)  that the network includes highly protected sites"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A159Page 71, line 31, at end insert—
"(   )  that the designation of sites in the network does not unnecessarily prejudice the reduction of climate change or the maintenance of secure energy supplies"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

 

LORD MORAN

 

EARL OF SHREWSBURY

A160Page 71, line 33, after "must" insert "define how it will comply with and"
A161[Withdrawn]
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

 

LORD MORAN

 

EARL OF SHREWSBURY

A162Page 71, line 35, at end insert "and the duty under EU law includes the delivery under the EU Marine Strategy Framework Directive 2008 (2008/56/EC) of good environmental status in the UK marine area by 2020"
 

Clause 120

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

 

LORD MORAN

 

EARL OF SHREWSBURY

A163Page 72, line 9, at end insert—
"(c)  any further steps which, in the opinion of the authority, are necessary to comply with obligations under EU or international law."
A164Page 72, line 28, at end insert—
"(   )  any further steps which, in the opinion of the authority, are required to be taken to comply with section 119(3)."
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A165Page 72, line 28, at end insert—
"(   )  the impact (if any) which the authority considers the designation of each MCZ has had on the reduction of climate change and the maintenance of secure energy supplies;
(   )  any other economic or social consequences of the designation of each MCZ."
A166[Withdrawn]
 

Clause 121

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A167Page 73, line 12, leave out paragraph (b)
A168Page 73, line 17, leave out "inform" and insert "consult"
A169Page 73, line 17, leave out "of that fact" and insert "before undertaking any action"
A170Page 73, line 18, at end insert—
"(3A)  Where an authority has given notification under subsection (3), it must wait until the expiry of a period of 28 days beginning with the date of the notification before deciding whether to exercise its functions.
(3B)  Subsection (3A) does not apply where—
(a)  the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or
(b)  the authority thinks that there is an urgent need to grant authorisation for the exercise of its functions."
A171Page 73, line 21, leave out paragraph (a)
 

Clause 122

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A172Page 73, line 43, leave out "(other than insignificantly)"
A173Page 74, line 28, leave out paragraph (a)
A174Page 74, line 34, leave out paragraph (c)
A175Page 75, line 6, at end insert "and the inability for an MCZ to move towards or reach its conservation objective"
 

After Clause 122

 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

A176Insert the following new Clause—
  "Offence of breach of duty by a public authority
(1)  A public authority which, in the exercise of its functions, carries out an operation which damages the protected features of an MCZ or adversely affects any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependant without first complying with section 121(3) is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(2)  A public authority which fails to comply with section 121(4) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine.
(3)  A public authority which, in the exercise of its functions, grants authorisation for an act which is capable of affecting the protected features of an MCZ or any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependant—
(a)  without first complying with section 122(2), or
(b)  where relevant, without first complying with section 122(3), and in any case,
(c)  without complying with section 122(5),
 is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine."
 

Clause 123

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A177Page 75, line 10, leave out "conservation body" and insert "bodies"
A178Page 75, line 10, leave out "may" and insert "must"
A179Page 75, line 23, at end insert—
"(f)  the likely effect of designation of an MCZ upon the reduction of climate change and the maintenance of secure energy supplies;
(g)  the likely economic or social consequences of the designation of an MCZ."
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD GREAVES

A180Page 75, line 23, at end insert—
"(f)  the matters which are capable of hindering or otherwise affecting the achievement of the objective for the network in section 119(2)"
 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A181Page 75, line 27, leave out "conservation body" and insert "bodies"
A182Page 75, line 29, leave out "conservation body" and insert "bodies"
A183Page 75, line 31, leave out "the appropriate statutory conservation" and insert "an appropriate statutory"
 

Clause 124

 

LORD TAYLOR OF HOLBEACH

 

EARL CATHCART

A183APage 75, line 44, at end insert "and a copy of this explanation must be forwarded to the relevant authority"
A183BPage 75, line 44, at end insert ", and
(c)  the body may publish any explanation in writing received from the authority"
 

Clause 125

 

LORD GREENWAY

A184Page 76, line 13, leave out "recreational" and insert "any"
 

LORD HUNT OF KINGS HEATH

A185Page 76, line 21, leave out "will" and insert "would"

 
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10 March 2009