UK Parliament / Open data

Marine and Coastal Access Bill [HL]

There is a phrase that strikes fear and dread into any Minister who has to give the noble Lord, Lord Greaves, a sensible answer that he will accept. That might test me quite a long way. Amendments A268 and A273 would remove the exception to the requirement for the margin to be accessible to the public where the land fell within any category of "excepted land" listed in Schedule 1 to the CROW Act. The exception was put in so that the margin could be established without the report having to describe every single area of excepted land—that is, land covered by buildings and their curtilage. It is necessary for the sheer practicability of the project; otherwise, we would be involved in the description of every exception in great detail. Amendment A271, which would remove Clause 286(6), would make it clear that it was the duty of Natural England and the Secretary of State to exercise their relevant functions regarding the second big objective: making a margin of land along the length of the English coast, the issue we debated a few moments ago on the amendments of the noble Lord, Lord Taylor. Land within the margin may already be accessible to the public under the provisions described in subsections (5)(b) and (c), or Natural England and the Secretary of State may decide to use other mechanisms to make such land available. This reflects the fact that the legislation envisages that the principal means of creating any new right of access is by way of an order under Section 2(3A) of the CROW Act, inserted by Clause 293 of the Bill. That is the essential mechanism of the Act. This is an important point. It shows how the legislation will be implemented. I hope the noble Lord will accept that he is right to press us on how we intend to effect this legislation and that he will give the Government credit for having thought through this issue and putting the mechanism in the Bill to guarantee that we can do it.
Type
Proceeding contribution
Reference
709 c901 
Session
2008-09
Chamber / Committee
House of Lords chamber
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