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Amendment Paper as at
Friday 15th March 2002

CONSIDERATION OF BILL


MARINE WILDLIFE CONSERVATION BILL, AS AMENDED

NEW CLAUSES

Sustainable development

   

Mr Michael Meacher

NC1

To move the following Clause:—

    ' In the exercise of any function under this Act a person or body must have regard to the desirability of contributing to the achievement of sustainable development.'.


Installation of boundary markers

   

Mr Michael Meacher

NC2

To move the following Clause:—

    '(1)   The appropriate nature conservation body may install markers indicating the boundaries of a marine site of special interest.

    (2)   Markers may be installed at any time after a notification has effect.

    (3)   If a notification ceases to have effect, or has effect as modified, the appropriate nature conservation body must if necessary and as soon as reasonably practicable remove or alter markers installed under this section.

    (4)   Before doing anything under this section, the appropriate nature conservation body must obtain the consent of the owner of the land or sea bed on which a marker is to be installed.

    (5)   Nothing in this section exempts the appropriate nature conservation body from a statutory requirement to obtain any other consent (in particular any consent which may be required under section 34 of the Coast Protection Act 1949 (c. 74) or section 1 of the Protection of Wrecks Act 1973 (c. 33)).'.


Damage or destruction in a marine site

   

Mr Michael Meacher

NC3

To move the following Clause:—

    '(1)   A person is guilty of an offence if he—

      (a) intentionally or recklessly damages or destroys any of the flora, fauna, or geological or physiographical features by reason of which a marine area is a marine site of special interest; and

      (b) knew that what he damaged or destroyed was within a marine site of special interest.

    (2)   Subsection (1) does not have effect in relation to a competent marine authority acting in the exercise of its functions.

    (3)   It is a defence for a person charged with an offence under subsection (1) to prove that the damage or destruction was the incidental result of a lawful operation and could not reasonably have been avoided.

    (4)   A person guilty of an offence under this section is liable—

      (a) on summary conviction, to a fine not exceeding £20,000;

      (b) on conviction on indictment, to a fine.

    (5)   In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to that person in consequence of the offence.

    (6)   Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

      (a) any director, manager, secretary or other similar officer of the body corporate; or

      (b) any person who was purporting to act in any such capacity,

    he, as well, as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.

    (7)   Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

    (8)   An offence under this section is for the purposes of conferring jurisdiction to be deemed to have been committed in any place where the offender is found or to which he is first brought after the commission of the offence.'.


Meaning of "marine area" and "marine site of special interest"

   

Mr Michael Meacher

NC4

To move the following Clause:—

    '(1)   For the purposes of this Act—

a "marine area" is any part of the sea in or adjacent to England or Wales, or any land covered (continuously or intermittently) by tidal waters in or adjacent to England or Wales;a "marine site of special interest" is a marine area in respect of which a notification has effect under this Act.    (2)   A marine area notified as a marine site of special interest—

      (a) may extend from the mean low water mark up to the seaward limit of territorial waters;

      (b) may include the sea bed, the soil under the sea bed to a depth of 30 metres, and the water column.

    (3)   A marine site of special interest must not include—

      (a) any part of an area of land which has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (c. 69) (sites of special scientific interest);

      (b) any part of a European marine site, unless the reason for which that part of the marine area is a marine site of special interest is a reason other than that for which it is a European marine site.

    (4)   In section 28 of the Wildlife and Countryside Act 1981 (c. 69) (sites of special scientific interest), after subsection (10) insert—

          "(11)   An area notified under this section must not include any part of an area of land which has been notified as a marine site of special interest under the Marine Wildlife Conservation Act 2002 (c. 00).".

    (5)   If any part of a marine site of special interest is, after it has been notified as such, included in a European marine site, that part ceases to be a marine site of special interest, unless the reason for which that part is a marine site of special interest is a reason other than that for which it is a European marine site.

    (6)   References in this Act to the reasons for which a marine area is a European marine site are references to—

      (a) the natural habitat types in Annex I to the Habitats Directive hosted by the site;

      (b) the native species in Annex II to the Habitats Directive hosted by the site; or

      (c) the bird species for which the site is classified pursuant to Article 4(1) or (2) of the Wild Birds Directive.'.


General interpretation

   

Mr Michael Meacher

NC5

To move the following Clause:—

    '(1)   In this Act—

"the appropriate nature conservation body" means—

      (a) in relation to the sea in or adjacent to England, or land covered by tidal waters in or adjacent to England, English Nature;

      (b) in relation to the sea in or adjacent to Wales, or land covered by tidal waters in or adjacent to Wales, the Countryside Council for Wales;

"the confirming authority" means—

      (a) the Secretary of State, as respects a notification or byelaws made by English Nature;

      (b) the National Assembly for Wales, as respects a notification or byelaws made by the Countryside Council for Wales;

"competent marine authority" means—

      (a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975 (c. 26)) or a Government department;

      (b) the National Assembly for Wales;

      (c) in England, a county, district or London borough council, or the Common Council of the City of London;

      (d) in Wales, a county council or county borough council;

      (e) a person holding an office—

      (i) under the Crown,

      (ii) created or continued in existence by a public general Act of Parliament, or

      (iii) the remuneration in respect of which is paid out of money provided by Parliament;

      (f) statutory undertaker (meaning the persons referred to in section 262(1), (3) and (6) of the Town and Country Planning Act 1990 (c. 8)); and

      (g) any other public body of any description;

"European marine site" means a European marine site which is included in the European sites register maintained by the Secretary of State or the National Assembly for Wales under the Natural Habitats Regulations;"the Habitats Directive" means Council Directive 92/43/EC on the conservation of natural habitats and of wild fauna and flora, as amended from time to time;"the Natural Habitats Regulations" means the Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), as they have effect from time to time;"the sea adjacent to Wales" is to be construed in accordance with Article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as that Article may be amended or replaced from time to time by Order under the Government of Wales Act 1998 (c. 38);"the Wild Birds Directive" means Council Directive 79/409/EEC on the conservation of wild birds, as amended from time to time.'    (2)   The Secretary of State may by order made by statutory instrument amend the definition of "competent marine authority" in relation to marine sites of special interest which are the subject of a notification by English Nature.

    (3)   The National Assembly for Wales may by order made by statutory instrument amend the definition of "competent marine authority" in relation to marine sites of special interest which are the subject of a notification by the Countryside Council for Wales.

    (4)   A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.'.


Notification of marine sites

   

Mr Michael Meacher

NC6

To move the following Clause:—

    '(1)   If the appropriate nature conservation body is of the opinion that a marine area is a marine site of special interest by reason of any of its flora, fauna, or geological or physiographical features, it may notify that fact.

    (2)   The confirming authority must, after consulting the appropriate nature conservation body, publish criteria in accordance with which the bodies are to determine whether a marine area is a marine site of special interest for the purposes of this Act.

    (3)   The confirming authority may, after consulting the appropriate nature conservation bodies, revise criteria published under subsection (2).

    (4)   If a body decides to make a notification under subsection (1), it must notify—

      (a) the confirming authority;

      (b) so far as reasonably practicable, each competent marine authority which exercises functions in relation to the marine area;

      (c) any other competent marine authority which in the opinion of the body should be notified;

      (d) any other person who the body is directed by the confirming authority to notify.

    (5)   The body must also publish the notification, on as many occasions as the confirming authority may direct, in—

      (a) the London Gazette;

      (b) at least one local newspaper circulating in an area near to the marine area; and

      (c) such other publications as the confirming authority may direct.

    (6)   A notification under this section has effect from the date on which it is first published in the London Gazette.'.

 
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Prepared 15 Mar 2002