Agreements relating to establishment and maintenance of the route

917.     Paragraph 2 provides for Natural England to enter into an agreement with the owner or occupier of any land where it thinks it appropriate for works to be carried out in order to meet its coastal access duty, as set out in clause 286. Sub-paragraph (2) enables the access authority to enter into a similar agreement. Sub-paragraph (3) defines the types of works that the agreement may include, including clearance or maintenance, the removal of an obstruction to the route, clearance or maintenance to enable the public to enter or remain on land on bicycle or on horseback (where a general restriction under Schedule 2 to the CROW Act has been removed or relaxed), drainage or levelling, or the construction of a barrier.

918.     Sub-paragraph (4) enables the works to be carried out by either the owner or occupier or by a contracting authority (which is defined in sub-paragraph (8) as being either Natural England or the access authority), and allows a contracting authority to make a contribution towards the costs of the works under the agreement if the works are carried out by the owner or occupier.

919.     Sub-paragraphs (5) and (6) enable a notice to be given by the contracting authority to the owner or occupier, if the owner or occupier required by the agreement to carry out the works fails to carry them out. Sub-paragraph (6) requires the contracting authority to give at least 21 days’ notice before taking steps to carry out the works.

920.     Sub-paragraph (7) enables the contracting authority to recover the costs of any works where a notice under sub-paragraph (6) has been given.

Establishment and maintenance of route in absence of agreement

921.     Sub-paragraphs (1) to (3) of Paragraph 3 enable Natural England or the access authority, to give notice of its intention to carry out works as set out in paragraph 2(2) that they consider necessary to enable Natural England to meet its coastal access duty (as set out in clause 286) on any land, where they are unable to conclude an agreement under paragraph 2.

922.     Sub-paragraph (4) requires a period of not less than 21 days’ notice to be given to the owner or occupier before any works can be carried out.

923.     Sub-paragraph (5) requires that the notice given to the owner or occupier must provide details of how an appeal against the notice may be made.

924.     Sub-paragraph (6) requires the notice to be given to each owner or occupier of any land to which the notice refers.

925.     Sub-paragraph (7) enables Natural England or the access authority to take steps to carry out the works if any of the required works have not been carried out before the end of the period specified in the notice. Sub-paragraph (8) provides that they must have regard to the requirements of efficient management of the land in deciding how to carry out the works.

Appeals relating to notices under paragraph 3

926.     Paragraph 4 provides for appeals to be made against a notice given under paragraph 3, which relates to works to be carried out in relation to the establishment and maintenance of the route in the absence of an agreement. Sub-paragraph (1) enables the person given that notice, or any other owner or occupier of the land to which the notice relates, to appeal to the Secretary of State.

927.     Sub-paragraph (2) sets out the grounds on which an appeal may be made. These are: that the notice requires the carrying out of works which are not necessary, that the works have already been carried out, or that the period specified in the notice after which Natural England or the access authority are to take steps to carry out the works is too short. Sub-paragraph (3)(a) allows the Secretary of State, where an appeal has been made, to confirm the notice (with or without modifications) and sub-paragraph (3)(b) allows him to cancel the notice.

928.     Sub-paragraph (4) provides for sections 7 and 8 of, and Schedule 3 to, the CROW Act to apply to an appeal made under this clause. Those provisions, among other things, make provision enabling the Secretary of State to cause an appeal to take the form of a hearing and provision for the Secretary of State to delegate functions relating to appeals.

929.     Sub-paragraph (5) allows the Secretary of State to make regulations as to the period and manner in which appeals may be made, the advertising of such an appeal and the manner in which appeals are to be considered.

930.     Sub-paragraph (6) says that, where an appeal has been made, neither Natural England nor an access authority may exercise any of its functions relating to paragraph 3 until the appeal is determined by the Secretary of State or withdrawn.

Power for Natural England to fund works

931.     Paragraph 5 provides for Natural England to meet or contribute to the costs of any works of a kind which could be the subject of an agreement reached by either Natural England or an access authority under paragraph 2, or an agreement under section 35 of the CROW Act where it is exercised for the purposes of the coastal access duty.

Erection and maintenance of notices and signs

932.     Paragraph 6 allows Natural England to put up and maintain certain notices or signs on land over which the route passes and land which is accessible to the public by virtue of an order under section 3A of the CROW Act. Sub-paragraph (2) provides that notices or signs may identify or provide information about the route, warn the public of obstacles or hazards along the route or be any other notices or signs relating to the coastal route. Sub-paragraph (3) provides that Natural England must consult with the owner and lawful occupier of land before erecting a notice or sign. Sub-paragraph (4) allows Natural England to meet or contribute towards the costs to others of erecting such notices and signs. Sub-paragraph (5) allows Natural England to delegate its powers under this section to the access authority.

933.     Sub-paragraph (6) provides that this paragraph does not apply in relation to a highway over which there are rights for mechanically propelled vehicles, or a footway (for example, a pavement) which forms part of such a right of way. The effect of this is that the powers in the paragraph may be used on footpaths, bridleways and restricted byways but not on highways over which there are rights to drive mechanically propelled vehicles, or footways attached to such highways. Sub-paragraph (7) defines “mechanically propelled vehicles” and “footways” for the purposes of sub-paragraph (6). The term “mechanically propelled vehicle” when used in this context does not include electrically assisted pedal cycles.

934.     Paragraph 7 amends section 19 of the CROW Act to give Natural England the same powers as the access authority with regard to notices indicating the boundaries of access land where that land is coastal margin.

Removal of notices and signs

935.     Paragraph 8 allows Natural England and an access authority, where authorised by Natural England, to remove a notice or sign relating to the coastal margin which was erected under paragraph 6 or erected under section 19 of CROW. Sub-paragraph (3) requires a person removing a sign or notice to consult, as far as reasonably practicable, the owner and, if different, the lawful occupant of the land before removing a notice or sign.

936.     Sub-paragraph (4) enables Natural England to meet or contribute towards the costs to others of removing notices and signs of a kind that could have been erected under paragraph 6 or, in relation to land which is coastal margin, under section 19 of the CROW Act.

Powers of entry

937.     Paragraph 9 provides for powers of entry. Sub-paragraph (1) sets out the purposes for which a person authorised by Natural England may enter any land. These are: for surveying that or any other land in preparing a report containing proposals for the coastal route; considering representations made in respect of a report; determining how to treat a river estuary under clause 291, and advising the Secretary of State in relation to the power to specify islands under clause 290. Sub-paragraph (2) sets out purposes for which a person authorised by either Natural England or the access authority may enter any land. These are: for determining whether any works are necessary under paragraph 2(3) of this Schedule; for the purpose of carrying out any works (relating to means of access for the purpose of the coastal access duty and to establishment and maintenance of the coastal route) under section 35(2)(a) of the CROW Act, under paragraph 2(6) or paragraph 3(7), or under 36(1) or (5) or 37(5) of the CROW Act; to determine whether the public is able to exercise rights of access with regard to the coastal route on land subject to section 15 of CROW Act; for the purposes of an appeal made against a notice made under paragraph 4; and for the purposes of erecting, maintaining or removing a notice or sign under paragraphs 6 or 8 or, as regards land which is coastal margin, under section 19 of the CROW Act.

938.     Sub-paragraph (3) provides for the provisions in section 40(5) to (7), (9) and (10) of the CROW Act, which apply to the exercise of powers of entry and rights under section 40 of that Act, also to apply in relation to a person exercising the powers of entry and other rights conferred by this paragraph.

939.     Sub-paragraph (4) has the effect of applying the powers relating to compensation under section 41 of the CROW Act to a body by which an authorisation may be given under this clause.

940.     Sub-paragraph (5)(a) provides that where a person authorised to enter land is to carry out any works under sub-paragraphs (2)(b) or (c), either a notice has to have been given to the occupier under paragraph 2(6) or under sections 36 or 37 of CROW or at least 7 days’ notice must be given to the occupier before the person may enter the land. The effect of this is to ensure that where notice has been given to the owner (who is not also the occupier) of land under paragraph 2(6) or under sections 36 or 37 of CROW then the occupier of land is given at least 7 days’ notice. Sub-paragraph (5)(b) provides that in any other case, where a power of entry is exercised under this paragraph at least 24 hours’ notice must be given to the occupier unless it is not reasonably practicable to give such notice.

Interpretation of Schedule

941.     A number of definitions are provided in paragraph 10 for words and expressions used in this Schedule.

SCHEDULE 20: AMENDMENTS OF THE HARBOURS ACT 1964

Paragraph 2: Provision that may be made by harbour empowerment order

942.     Under the Harbours Act 1964, the relevant authority has powers to repeal or modify Acts of local application when making a Harbour Revision Order or a Harbour Reorganisation Scheme. Paragraph 2 provides that this power will also apply when making a Harbour Empowerment Order.

Paragraph 3: Delegation of certain functions

943.     The draft Bill will amend the Harbours Act 1964 so that the authority that is currently responsible for issuing harbours orders will have the power, by order, to delegate some or all of its functions for making certain orders to another person or body, provided that person or body gives consent for the delegation.

944.     In this way the licensing functions that govern harbours may be transferred to the same body that may be responsible for issuing marine licences as a result of an order issued under clause 95.

945.     The functions the authority can delegate are:

a)     making harbour revision orders on receipt of an application

b)     making harbour revision orders without receipt of an application

c)     making orders that vary the constitution of harbour authorities

d)     making harbour empowerment orders

e)     confirming or making harbour reorganisation schemes

f)     making orders amending Acts of local application.

946.     Such orders made by the relevant authority will be subject to negative resolution procedure.

947.     Table 3 below illustrates who can issue which harbour order and in what circumstances after a delegation of powers has been made.

948.     Table 3: Roles of harbour order issuing bodies after delegation

Paragraph 4: Consent of Welsh Ministers or Secretary of State required for making of certain orders

949.     Paragraph 4 inserts a new section 42B into the Harbours Act. Its effect would be that no such order or scheme could be made which would repeal or modify any provision made by the Secretary of State, whether under the Marine Act, an instrument made under that Act or a provision of local application, without the prior consent of Welsh Ministers. The new sections also provide that if Welsh Ministers have not refused their consent within a period to be set, the Secretary of State may continue with the process of making the order.

950.     Similarly, paragraph 4 inserts a further new section 42C into the Harbours Act which would have the reciprocal effect of that described immediately above.

Paragraph 5: Procedure for dealing with applications for harbour orders; Paragraph 6: Procedure where harbour revision orders are made otherwise than on application and Paragraph 7: Application of paragraphs 5 and 6

951.     Paragraphs 5 and 6 make amendments to bring the Act, as it applies to England and Wales, into line with arrangements in Scotland. At present, if there are any objections to a proposed harbour order then a public inquiry must be held. This is so even if only a single objection was made and the objector did not request an inquiry be held.

952.     These paragraphs allow the Secretary of State to decide whether an inquiry is necessary. It gives particular weight to objections from certain people or organisations.

SCHEDULE 21: REPEALS

FINANCIAL EFFECTS OF THE BILL

953.     The Bill will not result on any increase in public expenditure, beyond that already accounted for in Departmental Expenditure Limits.

954.     The Bill includes some provisions which will impose a charge on individuals or organisations. Proceeds from administrative penalty and civil sanctions provisions, along with money paid as fines following prosecution (for example, for the general offence in Part 5), will be paid into the Consolidated Fund. Other areas of the Bill under which charging may occur are expected to operate on a cost-recovery basis.

955.     Further detail of the costs of provisions in the Bill can be found in the Impact Assessment, and in the Impact Assessment section below.

EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER

956.     The Bill provides for the establishment of a new Non-Departmental Public Body (NDPB), the Marine Management Organisation (MMO). The MMO will incorporate the Marine and Fisheries Agency (an Executive Agency of Defra) whose posts will transfer to the MMO at the time of vesting. The MFA currently has around 200 staff, located in a London headquarters and 18 local coastal offices. The MMO will also take on functions currently delivered by the Department for Transport, Department for Energy and Climate Change, Department for Environment, Food and Rural Affairs. Resources will be transferred to the MMO accordingly. This represents a transfer to the MMO of existing posts rather than an increase in public service manpower.

957.     Additionally the MMO will be taking on new functions set out in the Marine Bill for which it will need new posts. As an NDPB, it will need a strengthened corporate function and access to independent legal advice. The Impact Assessment outlines the anticipated additional staffing requirements for the MMO at around 45 new posts. Hence on current estimates the MMO will have around 240 - 250 staff, of which we envisage around 140-50 will be based within a headquarters office and the remainder in local offices.

958.     Responsibility for inshore fisheries management in England and Wales will be transferred from Sea Fisheries Committees (SFCs) to newly created Inshore Fisheries and Conservation Authorities (IFCAs) through the Bill. Around 115 existing SFC staff will be transferred to the new Authorities at the same time. IFC Authorities are likely to recruit further staff (for example, enforcement officers) to meet their wider duties but this is a matter for the local authorities responsible for funding IFCAs.

959.     It is also likely there will be a small number of additional staff required on a temporary basis to implement coastal access within coastal local authorities.

960.     The Bill is not expected to have any significant implications for public sector manpower aside from this.

IMPACT ASSESSMENT

961.     An Impact Assessment of the Bill’s provisions (excluding the coastal access provisions) has been published alongside this Bill, and sets out the costs and benefits to industry, Government, and the public of implementing the Marine and Coastal Access Bill [HL]. The scope of the coastal access proposals is substantially different from the marine management framework set out in the rest of the Bill and therefore a separate Impact Assessment has been prepared for these provisions and this has also been published alongside the Bill.

Marine Bill Impact Assessment

962.     The Impact Assessment begins by setting out the main policy areas in the Bill. It explains the implementation plan and the consultation and evidence gathering process for the Bill and the plans for post-implementation review and further economic and scientific research.

963.     The second section of the Impact Assessment presents the baseline option of existing marine management arrangements, i.e. without a Marine and Coastal Access Bill [HL]. This provides the baseline from which the assessment of the Bill’s proposals is made.

964.     Section three presents the costs and benefits of the Bill.

965.     The Government and marine related industry will incur estimated average annual costs in the range of £42m - £82m due to Marine Bill proposals. The total present value costs over 20 years are estimated to be in the range of £751m - £1.6bn.

966.     The average annual benefits to Government, marine related industry and the environment are estimated to be in the range of £756m - £1.7bn. The total present value benefits over 20 years are estimated to be in the range of £8.7bn - £19.6bn.

967.     The present value net benefit best estimate over 20 years is £13bn, based on the range £7.9bn - £18.1bn. Marine Nature Conservation provisions account for the vast majority of the costs and benefits.

968.     Significant benefits of implementing the Bill remain non-monetised, for example, benefits from setting up the MMO and the planning system, and certain marine ecosystem services that benefit from nature conservation provisions. The non-monetised benefits are also set out in part three of the Impact Assessment.

969.     Section four of the Impact Assessment presents sensitivity analysis alongside a discussion of the assumptions and risks of this Impact Assessment.

970.     The fifth section concludes the Impact Assessment and indicates that the benefits of implementing the Marine and Coastal Access Bill proposals outweigh the costs of implementation. This section is followed by Annexes which give details on further specific impact tests.

Coastal Access Impact Assessment

971.     Costs of the Coastal Access proposals include transitional costs over the first 10 years of £41.7m plus annual ongoing costs of £2.37m. These costs include: costs incurred by the public sector (primarily Natural England) for identification of the English coastal route and spreading room, and for implementation and maintenance of new sections of the route; costs to owners of property on the coast and users for participation in the consultation process; and some loss of production to farmers. There are some costings that it was not possible to monetise, for example, potential costs to the natural environment, costs to local residents in some areas from increased traffic.

972.     The average annual benefits of the Coastal Access proposals are estimated at £12.35m. These primarily represent the benefits to users from new rights to access to the English coast and associated access improvements on up to 2,300km of coast. The user benefits are assumed to increase over time and by year 20 are estimated at £25.8m per annum.

973.     Benefits that remain unmonetised include benefits to local economies from increased public sector and visitor spending, the ability to align the access corridor to avoid sensitive environments and the ability to roll back the access route where the coast is subject to significant erosion.

974.     The present value net benefits range is -£49m to + £254m with the best estimate of £89m.

975.     The costs and benefits of the Coastal Access proposals are appraised over a 20 year period. This is the time it is believed will be necessary for visitor behaviour to adjust to the changes in access.

976.     The cost and benefit figures are based on an independent assessment carried out by Asken: “Appraisal of Options to Improve Access to the English Coast” (May 2007).

977.     Both Impact Assessments are available for Peers in the Printed Paper Office, for Members in the Vote Office and to the public on the DEFRA website at .

CARBON IMPACT

978.     The Impact Assessment outlines that the provisions in the Bill that will aid reduction of carbon emissions and help the UK Government and devolved administrations meet targets to limit greenhouse gas emissions.

979.     The carbon impact was estimated on the basis of offshore renewable projects being brought forward one year due to provisions in the Bill such as licensing, creation of the MMO and planning. The net value of the carbon savings brought forward every year from the reduced time required in the licensing application stage, was estimated using the shadow price of carbon and the present value of the net annual benefits (over 20 years) is given at £79.5million. More detail can be found in the Impact Assessment.

980.     The coastal access IA provides an illustrative example of the value of changes in greenhouse gas emissions that may arise from the estimated additional visits to the coast. Using average fuel efficiency figures provided by Department for Transport and the current shadow price of carbon, the additional carbon impact has been quantified and valued. The net present value of this impact is estimated at £317k. More information on the assessment can be found at Annex 3 of the IA.

EUROPEAN CONVENTION ON HUMAN RIGHTS

981.     Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The statement has to be made before second reading. On 4th December 2008, Lord Hunt of Kings Heath made the following statement:

“In my view the provisions of the Marine and Coastal Access Bill [HL] are compatible with the Convention rights”.

982.     In this section of the explanatory notes, “Article” refers to an Article of the European Convention on Human Rights 1950.

983.     The Bill contains a number of provisions which engage Convention rights, in particular Article 6 (right to a fair trial), Article 8 (right to respect for family and private life etc, here in the context of private life) and Protocol 1, Article 1 (right to property). Many of the provisions in the Bill will be carried out by public authorities in the context of section 6(1) of the Human Rights Act 1998 (“the 1998 Act”), and they are accordingly required to act in ways which are compatible with Convention rights.