Marine and Coastal Access Bill [HL]
REVISED
SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
Clauses 114 to 140
Schedule 10
Clauses 141 and 142
Schedules 11 and 12
Clauses 143 and 144
Schedule 13
Clauses 145 to 175
Schedule 14
Clauses 176 to 192
Schedule 15
Clauses 193 to 223
Schedule 16 | Clauses 224 to 239
Schedule 17
Clauses 240 to 267
Schedule 18
Clauses 268 to 294
Schedule 19
Clauses 295 to 305
Schedule 20
Clauses 306 to 311
Schedule 21
Clauses 312 to 315 |
[Amendments marked * are new or have been altered]
Amendment
No.
| A123 | [Re-tabled as amendment A135A] |
| A124 | Page 68, line 21, leave out "may" and insert "must, by 2012," |
| A125 | Page 68, line 21, leave out "it thinks that" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A126 | Page 68, line 22, after "so" insert "either" |
| A127 | Page 68, line 23, at beginning insert "existing" |
| A128 | Page 68, line 24, at beginning insert "existing" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A129 | Page 68, line 25, at end insert "; or |
| ( ) | the marine ecosystem as a whole" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A130 | Page 68, line 25, at end insert— |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A131 | Page 68, line 25, at end insert— |
| "( ) | features or defined areas of sea or tidal water, including the coastline, of natural beauty or cultural significance or a combination of any of these reasons" |
| A132 | Page 68, line 25, at end insert— |
| "( ) | historic and cultural heritage" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A133 | Page 68, line 28, at end insert— |
| "( ) | that the MCZ is a highly protected MCZ whenever the conservation objectives of the MCZ require the exclusion of all extractive and damaging activities; |
| ( ) | that the MCZ is a highly protected MCZ whenever the conservation objectives of the MCZ require the protection of the marine ecosystem as a whole." |
| A134 | Page 68, line 28, at end insert— |
| "( ) | the contribution which the authority considers the order will make to the reduction of climate change and the maintenance of secure energy supplies." |
| A135 | Page 68, line 32, leave out subsection (4) and insert— |
| "(4) | The reference in subsection (1) includes, in particular, a reference to conserving any species, marine habitats or types of habitat or features of geological or geomorphological importance that are rare or threatened because of— |
| (a) | the limited number of individuals of that species, or limited occurrence of those habitats or features of geological or geomorphological importance; |
| (b) | the limited number of locations in which that species or those habitats or features of geological or geomorphological importance are present; |
| (c) | the vulnerability of that species or those habitats or features of geological or geomorphological importance to specific human activities." |
| | BARONESS YOUNG OF OLD SCONE |
| A135A | Page 69, line 1, leave out subsection (7) |
| A136 | Page 69, line 2, leave out "may" and insert "must" |
| A137 | Page 69, line 2, after "to" insert "— |
| (a) | sound science criteria, and |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A138 | Page 69, line 2, leave out "or social" and insert ", social, historic or archaeological" |
| A139 | Page 69, line 3, at end insert "and to the impact such designation may have on legitimate uses of the sea" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A140 | Page 69, line 3, at end insert— |
| "(8) | The purpose and function of designating a highly protected MCZ is to conserve the marine ecosystem as a whole within its boundaries. |
| (9) | In the designation of MCZs, the ecosystem-based approach to marine management is defined as implementing and being consistent with good environmental status as defined in the EU Marine Strategy Framework Directive 2008 (2008/56/EC)." |
| A140A | Page 69, line 3, at end insert— |
| "(8) | If it appears there is a conflict between the duty specified in subsection (1) and the economic or social consequences of designating an area as an MCZ, the appopriate authority shall attach greater weight to the first." |
| A140B | Page 69, line 3, at end insert— |
| "(8) | In considering which of two or more alternative areas of equal suitability to design as an MCZ, the appropriate authority must have regard to any economic or social consequences of doing so." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A141 | Page 69, line 31, at end insert ", and |
| (c) | must make provision for the marking of the designation on charts, GPS systems and, where necessary, on the surface of the sea." |
| A142 | Page 69, line 39, leave out "the appropriate authority thinks" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A143 | Page 70, line 1, leave out "any persons" and insert "statutory consultees and any other persons" |
| A144 | Page 70, line 1, leave out "the appropriate authority thinks" |
| A145 | Page 70, line 3, at end insert— |
| "( ) | The appropriate authority must consult relevant statutory Nature Conservation Agencies." |
| A146 | Page 70, line 31, leave out subsections (10) and (11) |
| A147 | Page 70, line 31, leave out "the appropriate authority thinks that" |
| A148 | Page 71, line 14, at end insert— |
| "(3) | Before amending an order, the appropriate authority shall comply with subsections (2) to (9) of section 116." |
| | BARONESS YOUNG OF OLD SCONE |
| A149 | Page 71, line 17, leave out "power" and insert "duty" |
| A150 | Page 71, line 18, leave out "power" and insert "duty" |
| A150A | Page 71, line 20, after "authority" insert "for the purpose of conserving marine flora or fauna or marine habitats or types of marine habitat" |
| | BARONESS YOUNG OF OLD SCONE |
| A151 | Page 71, line 22, after "sites" insert ", Ransar sites and sites of special scientific interest" |
| A152 | Page 71, line 22, leave out "a network" and insert "an ecologically coherent network" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A154 | Page 71, line 26, at end insert "as defined in section 113(2)" |
| A155 | Page 71, line 27, leave out paragraph (b) |
| | BARONESS YOUNG OF OLD SCONE |
| A156 | Page 71, line 30, leave out "more than one site" and insert "multiple sites, and that the sites are of adequate size and quality" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A157 | Page 71, line 31, at end insert— |
| "(d) | that the purpose of designating sites as a network is to implement the ecosystem-based approach to marine management; |
| (e) | that the network should cover at least 30 per cent of the UK marine area, and the appropriate authority should aim to deliver this coverage by 2020" |
| | BARONESS YOUNG OF OLD SCONE |
| A158 | Page 71, line 31, at end insert— |
| "(d) | that the location of designated sites reflects the fact that the conservation of a feature may require that flora and fauna are able to move between protected areas; |
| (e) | that the network includes highly protected sites" |
| A159 | Page 71, line 31, at end insert— |
| "( ) | that the designation of sites in the network does not unnecessarily prejudice the reduction of climate change or the maintenance of secure energy supplies" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A160 | Page 71, line 33, after "must" insert "define how it will comply with and" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| A162 | Page 71, line 35, at end insert "and the duty under EU law includes the delivery under the EU Marine Strategy Framework Directive 2008 (2008/56/EC) of good environmental status in the UK marine area by 2020" |
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