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Amendments to the Countryside and Rights of Way Bill

Countryside and Rights of Way Bill -
Amendments to be debated in the House of Lords

Here you can browse the Sixth Marshalled List of Amendments to the Countryside and Rights of Way Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 30th June 2000, as follows—
 Schedule 8
Clause 67
Schedule 9
Clauses 68 to 71
Schedule 10
Clauses 72 to 76
Schedule 11
Clauses 77 and 78
 
 
[Amendments marked * are new or have been altered]
 
  
Schedule 8
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
478     Page 96, line 30, at end insert--
 
    ("(3A)  Conditions relating to an assent under subsection (3) may require the authority, where reasonably practicable and not involving excessive costs, to restore any damage to the notified interest caused by the operation or where practicable, to provide alternative habitats on land not included in a site of special scientific interest.")
 
  
BY THE LORD WHITTY
 
479     Page 96, line 36, leave out ("requirement") and insert ("requirements") 
480     Page 96, line 49, leave out ("requirement is") and insert ("requirements are--
    (a)")  
 
481     Page 96, line 54, at end insert ("; and
    (b)  that the authority restore the site to its former condition, so far as is reasonably practicable, if any such damage does occur.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
482     Page 96, line 54, at end insert--
 
    ("(  )  Where the Council concludes, on reasonable terms, that they cannot assent to the proposed operations (with or without conditions), they may require that the section 28E authority seek authorisation by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
483     Page 97, line 4, leave out ("operations likely to") and insert ("any operation specified in a notification made under section 28(1)(b) or which may") 
  
BY THE BARONESS WILCOX
 
483A     Page 97, line 11, after ("wait") insert ("for the Council to provide its advice or") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
483AA     Page 97, line 19, at end insert ("and shall take into account the conditions imposed by any existing management agreement") 
  
BY THE BARONESS WILCOX
 
483B     Page 97, line 29, at end insert--
 
    ("(6A)  Subsections (2) to (6) above shall not apply if the Council and section 28E authority agree that certain permissions for activities notified under section 28(4)(b) are unlikely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest is of special interest.
 
    (6B)  Any agreement reached under subsection (6A) shall be an agreement in writing and subject to review if the Council are of the opinion that the permissions in the agreement may be causing damage to the features by reason of which the site of special scientific interest is of special interest.")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
THE LORD LUKE
 
483C     Page 97, line 33, leave out ("may") and insert ("shall") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
484     Page 97, line 33, leave out (", if they think fit,") 
485     Page 97, line 35, at end insert--
 
    ("(  )  In formulating a management scheme, the Council shall consult every owner and occupier of any of the land (or the part of it to which the scheme would relate) and take account of any views of any such owner or occupier on the management of the land.")
 
486     Page 97, line 35, at end insert--
 
    ("(  )  In preparing a management scheme under subsection (1), the Council may seek advice from any person or persons (other than employees of the Council) with relevant expertise in, or experience of, agriculture, forestry or other forms of land management.")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
486A     Page 97, line 40, leave out from ("interest") to end of line 42 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
487     Page 97, line 42, at end insert--
 
    ("(  )  A management scheme shall--
    (a)  describe the particular flora, fauna, or geological or physiographical features by reason of which the land to which the scheme relates is of special interest,
    (b)  set out the Council's views about the management needed to conserve that flora or fauna, or those features, taking account of any views offered by the owner or occupier of the land,
    (c)  state which, if any, of the operations specified in the notification given under section 28(1)(b) appears to the Council to be likely to damage that flora or fauna or those features,
    (d)  list those operations, if any, specified in the notification given under section 28(1)(b) to which the Council has given written consent under section 28C(3)(a).")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
487A     Page 98, line 29, at end insert--
 
    ("(  )  Where a notice under subsection (3) has been given and is subsequently withdrawn, the Council shall reimburse any costs reasonably incurred by any of the persons mentioned in subsection (3) in making any representation or objection in relation to the notice.")
 
487B     Page 98, line 51, leave out ("or restored") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
488     Page 99, line 3, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
489     Page 99, line 12, leave out ("appear to the Council to") 
490     Page 99, line 26, after ("them") insert ("(excluding any amount previously offered by the Council under a management agreement under subsection (2))") 
491     Page 99, line 33, leave out ("Secretary of State") and insert ("Lands Tribunal") 
492     Page 99, line 37, at end insert--
 
    ("(  )  An appeal under this section may include an appeal against any of the measures listed in a management scheme insofar as these are included in the management notice.")
 
  
BY THE LORD WHITTY
 
493     Page 101, line 16, leave out from ("section") to end of line 19 
494     Page 101, line 21, leave out ("Secretary of State") and insert ("Ministers") 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
495     Page 101, line 30, after ("agreement") insert ("under section 16 of the 1949 Act or section 15 of the 1968 Act") 
496     Page 101, line 34, at end insert (";  and
    (c)  that the Council, having made an offer to the owner to purchase the land voluntarily on reasonable terms, is satisfied that it will not be able to do so")
 
497     Page 101, leave out lines 40 to 42 and insert--
    ("(a)  themselves take steps to conserve the flora, fauna or geological or physiographical features in question; or
    (b)  dispose of the land on terms designed to secure that those flora, fauna or features are satisfactorily conserved.")
 
  
BY THE LORD LUKE
 
497ZA     Page 101, line 42, at end insert--
 
    ("(  )  Where any land acquired compulsorily by the Council ceases to be used or needed for the purpose for which it was acquired, subject to subsection (4) above, the former owner or his heirs at law shall have first refusal to purchase the land in question.")
 
  
BY THE BARONESS BYFORD
THE EARL OF CAITHNESS
 
497A     Page 102, line 33, after ("functions)") insert ("or an owner or occupier of the land in question who is acting in accordance with a statement given under section 28(4)") 
  
BY THE BARONESS WILCOX
 
497B     Page 102, line 42, at end insert ("unless one of the conditions specified in subsection (6A) is fulfilled.
 
    (6A)  The conditions are that the person is--
    (a)  acting in accordance with an agreement in writing reached with the Council,
    (b)  acting in accordance with a permission issued by a section 28E authority that has complied with section 28G.")
 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
498     Page 102, line 42, at end insert--
 
    ("(6A)  A person who without reasonable excuse contravenes section 28C(8A) is guilty of an offence and is liable on summary conviction to a fine not exceeding £1000 or on conviction on indictment to a fine.")
 
498A     [renumbered as Amendment 497B] 
  
BY THE LORD WHITTY
 
499     Page 103, line 2, at end insert--

("Change of owner or occupier.

    28N.--(1)  This section applies where the owner of land included in a site of special scientific interest--
    (a)  disposes of any interest of his in the land; or
    (b)  becomes aware that it is occupied by an additional or a different occupier.
    (2)  If this section applies, the owner shall send a notice to the Nature Conservancy Council before the end of the period of 28 days beginning with the date on which he disposed of the interest or became aware of the change in occupation.

    (3)  The notice is to specify the land concerned and--

    (a)  in a subsection (1)(a) case, the date on which the owner disposed of the interest in the land, and the name and address of the person to whom he disposed of the interest; or
    (b)  in a subsection (1)(b) case, the date on which the change of occupation took place (or, if the owner does not know the exact date, an indication of when to the best of the owner's knowledge it took place), and, as far as the owner knows them, the name and address of the additional or different occupier.
    (4)  A person who fails without reasonable excuse to comply with the requirements of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

    (5)  For the purposes of subsection (1), an owner "disposes of" an interest in land if he disposes of it by way of sale, exchange or lease, or by way of the creation of any easement, right or privilege, or in any other way except by way of mortgage.")

 
  
BY THE BARONESS MILLER OF CHILTHORNE DOMER
THE BARONESS THOMAS OF WALLISWOOD
 
500     Page 103, line 3, leave out paragraph 2 and insert--
 
    ("2.--(1)  Section 29 (special protection for certain areas of special scientific interest) is amended as follows.
 
    (2)  In subsection (1)(b), after "features" there is inserted "notified as being of special interest".
 
    (3)  Omit subsection (2).
 
    (4)  In subsection (3), omit "Subject to subsection (4),".
 
    (5)  Omit subsections (4), (5), (6), (7) and (10).
 
    (6)  After subsection (11) there is inserted--
        (12)  This section does not apply to owners and occupiers of land which is a site of special scientific interest.".")
 
501     Page 103, line 14, at end insert ("or
    (c)  a person is convicted of an offence under section 29,")
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
502     Page 103, line 17, after ("operations") insert ("which are reasonable, practicable and necessary") 
  
BY THE LORD WHITTY
 
503     Page 103, line 21, at end insert--
 
    ("  .  In section 32 (duties of agriculture Ministers with respect to areas of special scientific interest), in subsection (1), for "land notified under section 28(1)" there is substituted "land included in a site of special scientific interest".")
 
504     Page 103, line 28, at end insert--
 
    ("(  )  In subsection (2), after "district planning authority" insert "and, in sections 28 to 28B, shall also be construed in accordance with section 28(11);".")
 
505     Page 103, line 33, at end insert--
    ("(d)  extended under section 28AA(2), or
    (e)  extended with modifications by virtue of section 28AA(7),")
 
506     Page 103, line 34, leave out ("in subsection (1), and in sections 28 to 28M,") 
507     Page 103, line 36, leave out from first ("as") to end of line and insert ("thus altered") 
508     Page 103, line 36, at end insert--
 
    ("(  )  References to a notification under section 28(1) or 28(5)(b), or to a local land charge existing by virtue of section 28(9), shall be construed in accordance with section 28AB(9).")
 
  
Clause 67
 
  
BY THE LORD WHITTY
 
509     Page 42, line 37, at end insert--
 
    ("(  ) Schedule (Transitional provisions and savings relating to sites of special scientific interest) (which makes transitional provisions and savings relating to the coming into force of section 66) has effect.")
 
  
After Clause 67
 
  
BY THE BARONESS BYFORD
THE LORD GLENTORAN
 
510     Insert the following new Clause--
 
    (".  In section 17 of the National Parks and Access to the Countryside Act 1949 (compulsory acquisition of land by Conservancy for establishment of nature reserves), for the words "on terms appearing to them reasonable" there is substituted ", on reasonable terms,".")
Compulsory acquisition of land by Nature Conservancy for establishment of nature reserves.
  
Schedule 9
 
  
BY THE LORD WHITTY
 
511     Page 106, leave out line 1 
512     Page 106, leave out line 5 
513     Page 106, line 7, at end insert-- 
 ("Harbours Act 1964 (c. 40) 
     .  In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 1 (interpretation), for paragraph (a) of the definition of "sensitive area" there is substituted--
    (a)  land within a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);".")
 
514     Page 106, line 37, leave out ("development)") and insert ("zone)") 
 
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