Marine Bill Marshalled List of Amendments Consideration Stage Tuesday 30 April

Amendments tabled up to 9.30am Thursday, 25 April 2013 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title

Amendment 1 [Made]

New Clause

Before clause 1 insert -

‘PART A1

SUSTAINABLE DEVELOPMENT

Sustainable Development

A1.—(1) Nothing in this Act affects the duty of the Department under section 25 of the Northern Ireland (Miscellaneous Provisions) Act 2006 to exercise its functions in accordance with that section.

(2) Accordingly, the Department must in exercising its functions under this Act—

(a) act in the way it considers best calculated to contribute to the achievement of sustainable development in Northern Ireland, except to the extent that it considers that any such action is not reasonably practicable in all the circumstances of the case; and

(b) have regard to any strategy or guidance relating to sustainable development issued by the Department.’

Ms Anna Lo

Amendment 2 [Not Moved]

New Clause

Before clause 1 insert -

‘PART 1

THE MARINE MANAGEMENT ORGANISATION

The Marine Management Organisation

A1. -(1) There shall be a body corporate known as the Marine Management Organisation (“MMO”).

(2) The MMO shall consist of no fewer than 10 and no more than 12 members appointed by the Minister.

(3) The marine functions and associated powers exercised by the bodies listed in subsection (4) shall instead be exercisable by the MMO.

(4) Those bodies are -

(a) the Department;

(b) the Department of Agriculture and Rural Development;

(c) the Department of Culture, Arts and Leisure;

(d) the Department of Enterprise, Trade and Investment;

(e) the Department for Regional Development;

(f) the Agri-Food and Biosciences Institute;

(g) the Northern Ireland Environment Agency

(5) For the purposes of this section a “marine function” is any function which relates to, or whose exercise is capable of affecting, the whole or any part of the Northern Ireland inshore region.

(6) It is the duty of the MMO to secure that the MMO’s functions are so exercised that the carrying on of activities by persons in the MMO’s area is managed, regulated or controlled -

(a) with the objective of making a contribution to the achievement of sustainable development,

(b) taking account of all relevant facts and matters, and

(c) in a manner which is consistent and co-ordinated.

Any reference in this Act to the MMO’s “general objective” is a reference to the duty imposed on the MMO by this subsection.

(7) In pursuit of its general objective, the MMO may take any action which it considers necessary or expedient for the purpose of furthering any social, economic or environmental purposes.

(8) The Department may give the MMO guidance with respect to the exercise of any of the MMO’s functions.

(9) The MMO must have regard to any guidance given to it under this Act by the Department.

(10) Before giving any such guidance, the Department must consult -

(a) the MMO, and

(b) such other bodies or persons as the Department considers appropriate.

(11) The Department shall publish any guidance given to the MMO under this subsection.

(12) The Department may give the MMO general or specific directions with respect to the exercise of any of the MMO’s functions.

(13) Before giving directions under this section, the Department must consult the MMO.

(14) Consultation under subsection (13) is not required if the Department considers that there is an emergency.

(15) The MMO must comply with any directions given to it under this section.

(16) The giving of any directions under this section must be publicised in such manner as the Department considers appropriate for the purpose of bringing the matters to which the directions relate to the attention of persons likely to be affected by them.

(17) Copies of any directions given under this section are to be made available by the MMO to members of the public on payment of such reasonable fee as the MMO may determine.

(18) The MMO shall use its best endeavours to meet such objectives as the Department may from time to time set with regard to the quality and effectiveness of its performance.

(19) For each financial year, the MMO must prepare an annual report on how it has discharged its functions during the year.

(a) The MMO must send the report to the Department as soon as possible after the end of the year to which it relates.

(b) The Department must lay a copy of the report before the Assembly.

(c) In this subsection “financial year” means—

(i) the period that begins with the day on which the MMO is established, and ends with the next 31st March;

(ii) each subsequent period of 12 months ending with 31st March.

(20) The Department may by order make such supplemental, incidental or consequential provisions as appear to the Department to be appropriate as a result of subsections (1) and (2).’

Ms Anna Lo
Mr Stewart Dickson
Mr Christopher Lyttle
Mr Kieran McCarthy

Amendment 3 [Made]

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

Amendment 4 [Made]

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

Amendment 5 [Made]

Clause 8 , Page 6, Line 40

Leave out ‘6’ and insert ‘12’

Minister of the Environment

Clause 8 [Question that clause 8 as amended stand part agreed]

The Member listed below gives notice of his intention to oppose the question that Clause 8 stand part of the Bill.

Mr Steven Agnew

Amendment 6 [Made]

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

Amendment 7 [Made]

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

Amendment 8 [Made]

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

Amendment 9 [Not Moved]

Clause 20 , Page 14, Line 32

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

Amendment 10 [Not Called]

Clause 22 , Page 16, Line 22

Leave out ‘section’ and insert ‘sections 20(8A)(c) and’

Mr Steven Agnew

Amendment 11 [Not Called]

Clause 23 , Page 16, Line 32

After ‘section 20(2)’ insert ‘, or the duty imposed by section 20(8A),’

Mr Steven Agnew

Amendment 12 [Made]

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

Amendment 13 [Negatived]

Clause 32 , Page 22, Line 35

After ‘fishing’ insert ‘at a distance of not less than 6 and not more than 12 nautical miles from the seashore’

Mr Steven Agnew

Amendment 14 [Made]

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

Amendment 15 [Made]

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) the 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

Amendment 16 [Made]

Clause 41 , Page 29, Line 13

Leave out paragraph (b)

Minister of the Environment

Amendment 17 [Made]

Clause 47 , Page 31, Line 2

Leave out from beginning to ‘come’ in line 4 and insert ‘This Act comes’

Minister of the Environment

Amendment 18 [Made]

Clause 47 , Page 31, Line 6

Leave out subsection (3)

Minister of the Environment

Amendment 19 [Made]

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

Amendment 20 [Made]

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

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