Marine and Coastal Access Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
The amendments have been marshalled in accordance with the Order of 29th April 2009, as follows
[Amendments marked * are new or have been altered]
Amendment
No.
1 | Insert the following new Clause |
| "MMO's role in relation to applications for development consent |
(1) | The Planning Act 2008 (c. 29) is amended as set out in subsections (2) to (6). |
(2) | In section 42 (duty to consult about proposed applications for orders granting development consent) |
(a) | the existing provision is renumbered as subsection (1); |
(b) | in that subsection, after paragraph (a) insert |
"(aa) | the Marine Management Organisation, in any case where the proposed development would affect, or would be likely to affect, any of the areas specified in subsection (2),"; |
(c) | after subsection (1) insert |
(a) | waters in or adjacent to England up to the seaward limits of the territorial sea; |
(b) | an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; |
(c) | a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; |
(d) | an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions." |
(3) | In consequence of the amendments made by subsection (2) of this section |
(a) | the heading to section 43 becomes "Local authorities for purposes of section 42(1)(b)", and |
(b) | the heading to section 44 becomes "Categories for purposes of section 42(1)(d)". |
(4) | In section 55 (acceptance of applications), in subsection (5), in the definition of "local authority consultee" |
(a) | for "section 42(b)" substitute "section 42(1)(b)"; |
(b) | for "section 42(c)" substitute "section 42(1)(c)". |
(5) | In section 56 (duty to notify persons of accepted applications) |
(a) | in subsection (2), after paragraph (a) insert |
"(aa) | the Marine Management Organisation, in any case where the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (2A),"; |
(b) | after subsection (2) insert |
(a) | waters in or adjacent to England up to the seaward limits of the territorial sea; |
(b) | an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; |
(c) | a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; |
(d) | an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions." |
(6) | In section 102 (definition of "interested party" etc) |
(a) | in subsection (1), after paragraph (b) insert |
"(ba) | the person is the Marine Management Organisation and the development for which the application seeks development consent would involve the carrying on of any activity in one or more of the areas specified in subsection (1A),"; |
(b) | after subsection (1) insert |
(a) | waters in or adjacent to England up to the seaward limits of the territorial sea; |
(b) | an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; |
(c) | a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; |
(d) | an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions." |
(7) | The Secretary of State must give guidance to the MMO as to the kind of representations which may be made by the MMO under |
(a) | Chapter 2 of Part 5 of the Planning Act 2008 (c. 29) (pre-application procedure), or |
(b) | Part 6 of that Act (deciding applications for orders granting development consent)." |
2 | Page 44, line 10, at end insert |
"(2A) | If the activity in respect of which the application is being made is proposed to be carried on wholly or partly within the area of a local authority in England, Wales or Northern Ireland, the appropriate licensing authority must give notice of the application, or require the applicant to give notice of the application, to that local authority (whether or not notice has been published under subsection (1))." |
3 | Page 44, line 11, after "The" insert "appropriate licensing" |
4 | Page 44, line 11, after "unless" insert "(a)" |
5 | Page 44, line 12, at end insert "(but see subsection (6)), and |
(b) | notice has been given under subsection (2A) to any local authority to which notice of the application is required to be given by virtue of that subsection (but see subsection (7))." |
6 | Page 44, line 13, leave out subsection (4) and insert |
"(4) | If the appropriate licensing authority |
(a) | publishes notice of an application, in pursuance of subsection (1)(a), or |
(b) | gives notice of an application to a local authority, in pursuance of subsection (2A), |
| the licensing authority may require the applicant to pay a fee towards the reasonable expenses of doing so." |
7 | Page 44, line 20, leave out "This section" and insert "Subsection (1)" |
8 | Page 44, line 25, at end insert |
"(7) | Subsection (2A) does not apply in the case of any particular application and any particular local authority if |
(a) | the appropriate licensing authority considers that notice of the application should not be given to the local authority, or |
(b) | the Secretary of State certifies that in the opinion of the Secretary of State it would be contrary to the interests of national security to give notice of the application to the local authority." |
9 | Page 44, line 25, at end insert |
"( ) | In this section "local authority" means |
(a) | in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; |
(b) | in relation to Wales, a county council or a county borough council; |
(c) | in relation to Northern Ireland, a district council." |
10 | Page 48, line 24, at end insert |
"( ) | In deciding whether to make an order under this section, the appropriate licensing authority must have regard to |
(a) | the need to protect the environment, |
(b) | the need to protect human health, |
(c) | the need to prevent interference with legitimate uses of the sea, |
| and such other matters as the authority thinks relevant." |
11 | Page 80, line 9, leave out from beginning to "the" in line 10 and insert "When complying with the duty imposed by subsection (1)," |
12 | Page 80, line 12, at end insert |
"(5A) | Before the end of the period of 2 months beginning with the date on which this section comes into force, the appropriate authority must |
(a) | prepare a statement setting out such principles relating to the achievement of the objective in subsection (2) as the authority intends to follow when complying with the duty imposed by subsection (1), and |
(b) | lay a copy of the statement before the appropriate legislature. |
(5B) | A statement prepared by the appropriate authority under this section may also set out other matters relating to the achievement of that objective which the authority intends to take into account when complying with the duty imposed by subsection (1). |
(5C) | The appropriate authority must |
(a) | keep under review any statement it has prepared under this section, and |
(b) | if it considers it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection (5A) and lay a copy of it before the appropriate legislature." |
13 | Page 80, line 13, at end insert |
| ""the appropriate legislature" means |
(a) | in relation to the Secretary of State, Parliament; |
(b) | in relation to the Welsh Ministers, the National Assembly for Wales; |
(c) | in relation to the Scottish Ministers, the Scottish Parliament;" |
14 | Page 85, line 20, leave out "recreational" |
15 | Page 93, line 19, at beginning insert "Until the coming into force of the first Order in Council made under section 40 (the exclusive economic zone)," |
16 | Page 96, leave out lines 27 to 29 |
17 | Page 222, line 11, at end insert |
"( ) | An order under sub-paragraph (1) must not amend paragraph 3(1)(b) so that it provides that there may be fewer than 5 ordinary members." |
18 | Page 234, line 21, at end insert |
"(1B) | Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea)."" |
19 | Page 239, line 21, leave out "regional planning body whose area" and insert "responsible regional authorities whose region" |
20 | Page 239, leave out lines 31 and 32 and insert |
| ""responsible regional authorities" has the same meaning as in Part 5 of the Local Democracy, Economic Development and Construction Act 2009 (regional strategy)." |
21 | Page 244, line 27, at end insert |
"(c) | the extent to which matters raised by representations falling within paragraph (b) have not been resolved," |
22 | Page 254, leave out lines 12 to 15 and insert |
"(c) | an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions, |
(d) | a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions," |
23 | Page 267, line 35, leave out "Chapter 1 of Part 5" and insert "section 128" |
24 | Page 267, line 36, leave out "(marine" and insert "(byelaws for protection of marine" |
25 | Page 267, line 38, leave out "Chapter 1 of Part 5 of that Act" and insert "section 133 of that Act (orders for protection of marine conservation zones)" |
26 | Page 268, leave out lines 1 to 4 and insert |
"(3) | The provisions of Chapter 1 of Part 5 of that Act relating to byelaws under section 128 or orders under section 133 apply, with the modifications described in paragraph (3A) of this regulation, in relation to byelaws made by virtue of paragraph (1) of this regulation or (as the case may be) orders made by virtue of paragraph (2) of this regulation. |
(3A) | The modifications are |
(a) | any reference to an MCZ is to be read as a reference to a European marine site; |
(b) | in sections 128(1) and 133(1), the reference to furthering the conservation objectives of an MCZ is to be read as a reference to protecting a European marine site; |
(c) | the reference in section 128(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site." |
27 | Page 300, line 35, at end insert |
"(12) | The determination of the Secretary of State must comply with the recommendation of the appointed person unless, in the opinion of the Secretary of State, there are exceptional circumstances." |
28* | Page 302, line 28, at end insert |
"(2A) | Where a report required to be considered under sub-paragraph (1)(c) contains a statement of a finding of fact, the Secretary of State in making the determination is bound by that finding unless the Secretary of State is satisfied |
(a) | that the finding involves an assessment of the significance of a matter to any person with a relevant interest in land or to the public, |
(b) | that there was insufficient evidence to make the finding, |
(c) | that the finding was made by reference to irrelevant factors or without regard to relevant factors, or |
(d) | that the finding was otherwise perverse or irrational." |
29* | Page 303, line 27, at end insert |
"( ) | Where the Secretary of State was required under paragraph 16(1)(c) to consider a report and the Secretary of State in making the determination does not follow a recommendation in the report, the statement of reasons required by sub-paragraph (4) must also include the reasons for not following the recommendation." |
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