Marine Bill Notice of Amendments tabled on 9 April 2013 for Consideration Stage
New Clause
After clause 1 insert -
‘Arrangements to promote co-ordination of functions in Northern Ireland inshore region
1A. - (1) The Department may enter into arrangements with a relevant public authority designed to promote the effective co-ordination of the exercise by the parties to the arrangements of their respective functions in the Northern Ireland inshore region.
(2) The Department shall keep arrangements made under this section under review.
(3) The Department shall -
(a) within one year of the date on which this Act receives Royal Assent publish details of any arrangements made under this section; and
(b) within three years of the date on which this Act receives Royal Assent lay before the Assembly a report on the effectiveness of any arrangements made under this section.
(4) For the purposes of this section “the relevant public authorities” are -
(a) the Department of Agriculture and Rural Development;
(b) the Department of Culture, Arts and Leisure;
(c) the Department of Enterprise, Trade and Investment;
(d) the Department for Regional Development;
(e) the Agri-food and Biosciences Institute;
(f) the Foyle, Carlingford and Irish Lights Commission.’
Minister of the Environment
Clause 4 , Page 3, Line 37
At end insert ‘ -
(a) publish notice of the withdrawal of the marine plan on the Department’s website; and
(b)’
Minister of the Environment
Clause 8 , Page 6, Line 40
Leave out ‘6’ and insert ‘12’
Minister of the Environment
Clause 12 , Page 9, Line 16
Leave out from ‘may’ to end of the line and insert ‘must have regard to any economic, cultural or social consequences of designating that area and, so far as possible, to -
(a) the extent to which any of the following activities are likely to be prohibited or significantly restricted within that area if it is designated -
(i) any licensable marine activity (within the meaning of Part 4 of the 2009 Act);
(ii) fishing for or taking animals or plants from the sea;
(b) the likely impact on the environment within that area if that area is not designated;
(c) the likely impact on the environment elsewhere in the Northern Ireland inshore region as a result of any activity mentioned in paragraph (a) being displaced from that area if it is designated.’
Minister of the Environment
Clause 18 , Page 12, Line 24
At end insert -
‘(5A) In subsection (3)(a) the reference to “the conservation or improvement of the marine environment” includes the preservation, maintenance and re-establishment of a sufficient diversity and area of habitat for wild birds in Northern Ireland in implementation of Article 3 of the Wild Birds Directive (including by means of the upkeep, management and creation of such habitat, as appropriate), having regard to the requirements of Article 2 of that Directive.’
Minister of the Environment
Clause 18 , Page 12, Line 42
At end insert -
‘ “the Wild Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds .’
Minister of the Environment
Clause 23 , Page 16, Line 37
Leave out paragraphs (a) and (b) and insert -
‘(a) the Department must request from the public authority an explanation for the failure; and
(b) 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 under paragraph (a) or such longer period as the Department may allow.’
Minister of the Environment
Clause 36 , Page 24, Line 35
At end insert -
‘( ) Articles 4, 6, 7, 10, 12, 13, 14, 15 and 15A of the Wildlife (Northern Ireland) Order 1985;
( ) regulations 34, 36 and 38 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995;
( ) any byelaws made by virtue of regulations 23 or 31 of those Regulations;
( ) Article 46 of the Environment (Northern Ireland) Order 2002;’
Minister of the Environment
Clause 38 , Page 26, Line 21
At end insert -
‘(5) In regulation 31 of the Conservation (Natural Habitats, etc.) Regulations ( Northern Ireland) 1995 (byelaws for protection of European marine site) for paragraphs (1) and (2) substitute -
“(1) The Department may make byelaws for the protection of a European marine site under section 24 of the Marine Act ( Northern Ireland) 2013 (byelaws for protection of marine conservation zones).
(2) The provisions of Part 3 of that Act relating to byelaws under section 24 apply, with the following modifications in relation to byelaws made by virtue of paragraph (1) of this regulation -
(a) any reference to an MCZ is to be read as a reference to a European marine site;
(b) in section 24(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) t he reference in section 24(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site.”.
(6) Regulation 66 of those Regulations shall cease to have effect in relation to byelaws under Article 21 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985.’
Minister of the Environment
Clause 41 , Page 29, Line 13
Leave out paragraph (b)
Minister of the Environment
Clause 47 , Page 31, Line 2
Leave out from beginning to ‘come’ in line 4 and insert ‘This Act comes’
Minister of the Environment
Clause 47 , Page 31, Line 6
Leave out subsection (3)
Minister of the Environment
Schedule 1 , Page 36, Line 35
At end insert -
‘( ) report on the proposal within the period of 6 months from the date of that person’s appointment, or such longer period as the Department may approve,’
Minister of the Environment
Schedule 1 , Page 37, Line 23
At end insert -
‘Action taken by the Department before commencement
16. -(1) This paragraph applies to any action taken by the Department before commencement which, after commencement, could have been taken in accordance with a provision of paragraphs 1 to 10.
(2) For the purposes of this Act, it is immaterial that the action was taken before rather than after commencement; and any reference in this Schedule to an action taken under or for the purposes of any provision of paragraphs 1 to 10 is to be read accordingly.
(3) In this paragraph “commencement” means the coming into operation of this Act.’
Minister of the Environment
