Part of Orders of the Day — Environmental Protection Bill – in the House of Commons at 5:45 pm on 2 May 1990.
With this it will be convenient to discuss the following: New clause17—Marine conservation zones—
'(1) A Council shall, where it is of the opinion that any area of sea, or land adjacent to such area including land which is continuously or intermittntly covered by water, is in need of protection by reason of its flora, fauna or geological or physiographical features, prepare and monitor management plans for such area, and such area is to be designated as a Marine Conservation Zone.
(2) For the purposes of subsection (1) above, a Council shall identify and delineate such a Marine Conservation Zone by reference to a plan and each plan shall have attached a short statement of the reasons why the Council considers the area to be in need of protection.
(3) The bodies listed in Schedule (Marine Conservation Zones advertising and relevant bodies) to this Act shall provide the relevant Council for their area any details of activities carried on by them or on their behalf as are required by the Council and shall after consultation with the Council agree a management plan.
(4) Where there is any proposed change in or intensification of such activities the bodies shall inform the Council and agree a new management plan if the Council considers that such a plan is necessary or desirable.
(5) If any body listed in Schedule (Marine Conservation Zones advertising and relevant bodies) fails to agree a management plan before the designation of a Marine Conservation Zone that body shall comply with an interim management plan drawn up by the Council for the period from the date of the designation until agreement is reached and in the absence of such agreement the interim management plan shall continue to have effect.
(6) In the event of an interim management plan not being superseded by a management plan within six months of the interim management plan coming into effect the Secretary of State shall, on application by either the Council or the Body to which the interim management plan applies, decide the contents of the management plan and the date from which it is to come into effect.
(7) Where the areas referred to in subsection (1) above fall within the area of more than one Council the Councils may act jointly in carrying out the duties conferred by this section.
(8) The provisions of Schedule (Marine Conservation Zones advertising and relevant bodies) shall have effect with regard to the publication of the plan and statement prepared under subsection (2) above.
(9) For the purposes of this section the areas of each Council shall extend to the territorial waters adjacent to Great Britain and any part of Great Britain which is bounded by territorial waters shall be taken to include the territorial waters adjacent to that part.
(10) In this section "Council" means the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales as the case may be and "Councils" shall be construed accordingly.'.
New clause 55—Retrieval of harmful substances from the marine environment—
'(1) Where it appears to the Secretary of State that it is necessary or expedient for the purpose of protecting the marine environment, the living resources which it supports, or human health or activities, he shall carry out or cause to have carried out operations to retrieve any harmful substances from the sea in United Kingdom controlled waters, or from any land adjoining the sea in United Kingdom controlled waters.
(2) Where operations are carried out under subsection (1) above the Secretary of State may recover from the owner or master of the ship or ship's boat from which the harmful substances entered the sea any expenses reasonably incurred by him in carrying out such operations.'.
Amendment No. 105—a new schedule—'Marine Conservation Zones Advertising and Relevant Bodies1. On designating a Marine Conservation Zone the Council or Councils if acting jointly shall publish details of the location of the zone by advertising the designation of the zone in the Gazette and also in at least one local newspaper circulating in the area in which the zone is situated, such advertisement to contain a short description of the extent and boundaries of the zone and the address at which a plan of the zone may be inspected and the hours during which it may be inspected.
2. In this Schedule "the Gazette" means
3. (1) The bodies to which section (Marine Conservation Zones) applies are:
Crown Estate Commissioners
and any other body which the Secretary of State may from time to time consider appropriate.(2) In this Schedule, "Trinity House" means the Trinity House as defined in section 742 of the Merchant Shipping Act 1894.'.