Marine and Coastal Access Bill [HL]

Amendment A176 A176: After Clause 122, insert the following new Clause— "Offence of breach of duty by a public authority (1) A public authority which, in the exercise of its functions, carries out an operation which damages the protected features of an MCZ or adversely affects any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependant without first complying with section 121(3) is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine. (2) A public authority which fails to comply with section 121(4) is guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine. (3) A public authority which, in the exercise of its functions, grants authorisation for an act which is capable of affecting the protected features of an MCZ or any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependant— (a) without first complying with section 122(2), or (b) where relevant, without first complying with section 122(3), and in any case, (c) without complying with section 122(5), is, unless there was a reasonable excuse for carrying out the operation without complying, guilty of an offence and is liable on summary conviction to a fine not exceeding £20,000 or on conviction on indictment to a fine."