Amendments proposed to the Marine Wildlife Conservation Bill, As Amended - continued House of Commons

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Further provisions about notification

   

Mr Michael Meacher

NC7

To move the following Clause:—

    '(1)   A notification under section 1 must specify the time (not being less than three months from the date of the giving of the notification) within which representations or objections with respect to it may be made to the confirming authority.

    (2)   A notification must also—

      (a) specify the flora, fauna, or geological or physiographical features by reason of which the marine area is a marine site of special interest;

      (b) contain a statement of the appropriate nature conservation body's objectives in relation to the conservation of that flora or fauna, or those features ("the conservation objectives") and the body's views about how the site should be managed for the purpose of achieving those objectives.

    (3)   The confirming authority, having regard to any representations or objections made under subsection (1), may before the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette, give notice to the appropriate nature conservation body that the notification is—

      (a) confirmed;

      (b) withdrawn; or

      (c) modified;

    and the notice must include a statement of reasons for a withdrawal or modification.

    (4)   The notification may be modified by the confirming authority only by——

      (a) reducing the size of the marine site of special interest (but so that the site remains within the boundaries of the site in respect of which the notification was made);

      (b) removing the specification of one or more of the species of flora or fauna, or one or more of the geological or physiographical features;

      (c) amending the statement relating to the conservation objectives.

    (5)   A notification ceases to have effect—

      (a) at the end of the period of 28 days beginning with the day on which notice is given to the appropriate nature conservation body that the notification is withdrawn;

      (b) if no notice is given under subsection (3), at the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette.

    (6)   A notification has effect as modified by a notice under subsection (3) at the end of the period of 28 days beginning with the day on which notice of the modification is given to the appropriate nature conservation body.

    (7)   The appropriate nature conservation body must so far as reasonably practicable notify each person who was notified under section 1(4)(b) to (d)—

      (a) of a notice of confirmation, withdrawal or modification under subsection (3); or

      (b) that no notice has been given under subsection (3) before the end of the period of nine months mentioned in subsection (5)(b).'.


Modification or denotification

   

Mr Michael Meacher

NC8

To move the following Clause:—

    '(1)   The appropriate nature conservation body may notify a modification of a notification—

      (a) at any time after notice confirming the notification is given; or

      (b) if the notification is modified by the confirming authority, at any time after the notification has effect as modified.

    (2)   If the appropriate nature conservation body is of the opinion that a marine area is no longer a marine site of special interest by reason of any of the matters specified in section 1(1), a modification under subsection (1) may cancel the notification in respect of the area.

    (3)   If the 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.

    (4)   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 or near to the marine area; and

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

    (5)   A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), has effect from the date on which it is first published in the London Gazette.

    (6)   A notification under subsection (1) must specify the time (not being less than three months from the date of the giving of the notification) within which representations or objections with respect to it may be made to the confirming authority.

    (7)   The confirming authority, having regard to any representations or objections made under subsection (6), may before the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette, give notice to the appropriate nature conservation body that the notification is—

      (a) confirmed;

      (b) withdrawn; or

      (c) modified;

    and the notice must include a statement of the reasons for a withdrawal or modification.

    (8)   If a notification under subsection (1) would reduce the size of the site or cancel the notification, the confirming authority may modify that part of the notification only by increasing the size of the marine site (but so that the site remains within the boundaries of the site in respect of which the notification which is proposed to be modified was made).

    (9)   Apart from that, the confirming authority may modify the notification only by—

      (a) removing or reinstating the specification of one or more of the species of flora or fauna, or one or more of the geological or physiographical features;

      (b) amending the statement relating to the conservation objectives.

    (10)   A notification under subsection (1) which is a cancellation as mentioned in subsection (2)—

      (a) has effect, or has effect as modified, at the end of the period of 28 days beginning with the day on which notice is given under subsection (7) to the appropriate nature conservation body that the notification is confirmed or modified;

      (b) if no such notice is given or notice is given that the notification is withdrawn, does not have effect.

    (11)   A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), ceases to have effect—

      (a) at the end of the period of 28 days beginning with the day on which notice is given to the appropriate nature conservation body that the notification is withdrawn;

      (b) if no notice is given under subsection (7), at the end of the period of nine months beginning with the date on which the notification is first published in the London Gazette.

    (12)   A notification under subsection (1), other than a notification which is a cancellation as mentioned in subsection (2), has effect as modified by a notice under subsection (7) at the end of the period of 28 days beginning with the day on which notice of the modification is given to the appropriate nature conservation body.

    (13)   The appropriate nature conservation body must so far as reasonably practicable notify each person who was notified under subsection (3)(b) to (d)—

      (a) of a notice of confirmation, withdrawal or modification under subsection (7); or

      (b) that no notice has been given under subsection (7) before the end of the period of nine months mentioned in subsection (11)(b).'.


Denotification in relation to European marine sites

   

Mr Michael Meacher

NC9

To move the following Clause:—

    '(1)   If any part of a marine site of special interest ceases to be included in such a site because it is included in a European marine site, the appropriate nature conservation body must notify—

      (a) the confirming authority;

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

      (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.

    (2)   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 site; and

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

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


Application to Crown

   

Mr Michael Meacher

NC10

To move the following Clause:—

    '(1)   This Act binds the Crown, except that nothing in this Act affects Her Majesty in her private capacity.

    (2)   Byelaws made under section 6 may apply to Crown land only if the appropriate authority (within the meaning of section 101(11) of the National Parks and Access to the Countryside Act (1949 c. 97)) consents.

    (3)   Crown land means land an interest in which—

      (a) belongs to Her Majesty in the right of the Crown or the Duchy of Lancaster;

      (b) belongs to the Duchy of Cornwall;

      (c) belongs to a government department; or

      (d) is held in trust for Her Majesty for the purposes of a government department.

    (4)   The Crown is not criminally liable as a result of any provision made by or under this Act.

    (5)   Subsection (4) does not affect the application of any provision made by or under this Act in relation to persons in the public service of the Crown.'.


   

Mr Michael Meacher

30

Page     1,     line     1,     leave out Clause 1.

 
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