Amendments 114D to 114F
114D: Clause 121, page 73, line 34, at end insert—
"(3A) Subject to subsection (3C), subsection (3B) applies in any case where a public authority intends to do an act which is capable of affecting (other than insignificantly)—
(a) the protected features of an MCZ;
(b) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
(3B) If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the appropriate statutory conservation body of that fact.
(3C) Subsection (3B) does not apply where—
(a) the appropriate statutory conservation body has given the authority advice or guidance under section 123 in relation to acts of a particular description,
(b) the act which the authority intends to do is an act of that description, and
(c) the advice or guidance has not ceased to apply.
(3D) Where the authority has given notification under subsection (3B), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to do the act.
(3E) Subsection (3D) does not apply where—
(a) the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or
(b) the authority thinks that there is an urgent need to do the act."
114E: Clause 121, page 73, line 40, leave out "or omission"
114F: Clause 121, page 74, line 9, leave out subsection (8) and insert—
"( ) In this section—
"act" includes omission;
"public authority" does not include a Northern Ireland Minister or Northern Ireland department."
Amendments 114D to 114F agreed.
Marine and Coastal Access Bill [HL]
Proceeding contribution from
Lord Davies of Oldham
(Labour)
in the House of Lords on Tuesday, 19 May 2009.
It occurred during Debate on bills on Marine and Coastal Access Bill [HL].
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710 c1325-6 
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2008-09
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