Clause 3 - Competent marine authorities: duties
Marine Wildlife Conservation Bill
11:15 am
Mr John Randall (Uxbridge, Conservative)
Amendment No. 3 provides a definite cut-off period within which English Nature or the Countryside Council for Wales should provide any requested advice, if they have views that they wish to be taken into account. The Bill requires competent marine authorities to consult those bodies before carrying out or permitting others to carry out operations likely to damage a marine site of special interest. Several bodies that I consulted after Second Reading, including the ports and fishing interests, expressed concern that that might cause an unspecified delay, because the Bill defined no period within which English Nature or CCW must respond to the request for advice.
The equivalent sections, 28H and 28I, of the Wildlife and Countryside Act 1981 define a period within which conservation agencies must respond to such requests. Amendment No. 3 provides for a period of 28 days within which English Nature and CCW must respond to a request for advice on operations that might damage the site. If they do not respond within that period, the competent marine authority may proceed without further delay.
Amendment No. 4 brings the wording of the clause in line with the existing Wildlife and Countryside Act 1981. When a competent marine authority wishes to carry out, or permit others to carry out, activity likely to damage a marine site of special interest, it must seek the advice of the appropriate nature conservation body and take account of any written advice received.
During a meeting of the UK Offshore Operators Association it was pointed out to me that a similar provision in the 1981 Act contained the wording ``take into account'' rather than ``take account of''. The amendment replicates the wording of section 28I(5) of the Wildlife and Countryside Act 1981. The amendment would ensure that the competent marine authority took into account advice from appropriate conservation bodies as well as considerations such as Government policy, social implications or commercial needs before designating a marine site of special interest.