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Select Committee on Enterprise and Economic Strategy debate -
Tuesday, 12 Dec 1995

SECTION 4.

Amendments Nos. 5 and 6 are related and may be discussed together by agreement. Is that agreed? Agreed.

I move amendment No. 5:

In page 9, line 31, after "navigation", to insert "constitute a risk of pollution to the marine environment or harm living marine resources (within the meaning of the Sea Pollution Act, 1991),".

The new section 5 which section 4 (1) will insert into the Continental Shelf Act, 1968, will require that the consent of the Minister for Transport, Energy and Communications and the Minister for the Marine be obtained for the construction, alteration or improvement of any structures or works in, and for the removal of any objects or materials from, a designated area. Amendment No. 5 will broaden the grounds on which it will be open to the Minister for the Marine to refuse consent or make such consent subject to conditions under the new section 5 of the 1968 Act.

Subsection (5) of the proposed new section which the Bill as published will have inserted into the 1968 Act will have permitted refusal to consent, or the attachment conditions to consent, where the Minister for the Marine was of the opinion that the proposal would cause an obstruction or danger to navigation. This amendment, reflecting the Minister for the Marine's broader responsibilities for the protection of marine resources, will allow refusal for the attachment of conditions where the Minister for the Marine is of the opinion that the proposal would constitute a risk of pollution to the marine environment or harm living marine resources within the meaning of the Sea Pollution Act, 1991.

Amendment No. 6 is consequential on amendment No. 5. Subsection (10) of the new section 5, which section 4 (1) of the Bill will insert into the Continental Shelf Act, 1968, confers enforcement powers on the Minister for the Marine for situations where actions take place in a designated area without his consent or contrary to the conditions, subject to which, consent was given. In the Bill as published, that Minister's enforcement powers would be exercisable in situations where an obstruction or danger to navigation was apprehended. This amendment will allow these powers to be used also where the action or failure in question constitutes a risk of pollution to the marine environment or is causing, or is likely to cause, harm to living marine resources. Living marine resources are defined in the Sea Pollution Act, 1991, as including fish and their spawning grounds or the food of fish, all marine invertebrates and all crustaceans and molluscs found in the sea.

Amendment agreed to.

I move amendment No. 6:

In page 10, lines 46 and 47, to delete "constitutes, in the opinion of that Minister, an obstruction or danger to navigation" and substitute , "in the opinion of that Minister, constitutes an obstruction or danger to navigation or a risk of pollution to the marine environment or is causing or is likely to cause harm to living marine resources (within the meaning of the Sea Pollution Act, 1991)".

On what date was this amendment published?

On 29 November.

Amendment agreed to.

I move amendment No. 7:

In page 11, subsection (3) (a), line 29, to delete "after consultation with" and substitute "with the consent of".

Amendment agreed to.
Section 4, as amended, agreed to.
Sections 5 to 8, inclusive, agreed to.
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