Marine Bill Notice of Amendments tabled on 8 May 2013 for Further Consideration Stage

Clause 10, Page 7, Line 36

At end insert -

‘(c) that the document, or part of the document, is irrational;

(d) that the document, or part of the document, is incompatible with a Convention right.’

Mr Steven Agnew


Clause 10, Page 7, Line 38

At end insert -

‘(5A) The reference in subsection (4) to a person aggrieved by a relevant document includes¾

(a)  natural or legal persons affected or likely to be affected by, or having an interest in, the relevant document;

(b) non-governmental organisations promoting environmental protection.’

Mr Steven Agnew


Clause 22, Page 16, Line 7

At end insert -

‘(8A) Where the authority has given notice under subsection (5), it should only proceed with the act if it is satisfied that—

(a)  there is no other means of proceeding with the act which would create a substantially lower risk of hindering the achievement of conservation objectives stated for the MCZ,

(b) the benefit to the public of proceeding with the act clearly outweighs the risk of damage to the environment that will be created by proceeding with it, and

(c)  where possible, the authority will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the MCZ.

(8B) The reference in subsection (8A)(a) to other means of proceeding with an act includes a reference to proceeding with it—

(a)  in another manner, or

(b) at another location.’

Mr Steven Agnew

Clause 24, Page 17, Line 40

Leave out ‘section’ and insert ‘sections 22(8A)(c) and’

Mr Steven Agnew

Clause 25, Page 18, Line 7

After ‘section 22(2)’ insert ‘, or the duty imposed by section 22(8A),’

Mr Steven Agnew

Clause 25, Page 18, Line 12

Leave out paragraphs (a) and (b), and insert -

‘(a) if the achievement of the conservation objectives stated for an MCZ are hindered as a result of the failure, a public authority is, unless there was a reasonable excuse for the failure, 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; and

(b) in all other cases the Department must request from the public authority an explanation for the failure and the public authority must provide the Department with such an explanation in writing within the period of 28 days from the date of the request or such longer period as the Department may allow.’

Mr Steven Agnew

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