Marine and Coastal Access Act 2009

203 Variation etc of orders as a result of development

In section 1 of the Sea Fisheries (Shellfish) Act 1967 (power to make orders as to fisheries for shellfish), for subsection (6) substitute—

“(6) Any order made under this section may be varied or revoked by a subsequent order made under this section.

(7) Subject to subsection (8) below, subsections (1) to (5) above shall apply in relation to any such subsequent order and to an application for such an order as they apply in relation to an original order made under this section and to an application for such an order.

(8) Subsection (7) above does not apply in the case of any order made by virtue of subsection (10) below.

(9) Subsection (10) below applies in any case where it appears to the appropriate Minister that—

(a) permission has been granted for the carrying out of any development in, on or over any portion of the sea shore to which an order made under this section relates (the “affected area”), and

(b) as a result of the development, it will be impossible or impracticable to exercise any right of several fishery or of regulating a fishery conferred by the order in the affected area.

(10) In any such case, the appropriate Minister may—

(a) vary the order so that the area to which the order relates no longer includes the affected area, or

(b) if the affected area comprises the whole or the greater part of the area to which the order relates, revoke the order.

(11) The provision that may be made by an order made by virtue of subsection (10) above includes—

(a) provision requiring the owners of the affected area to pay compensation to any persons who, at the time of the making of the order, are entitled to a right of several fishery in any part of the affected area by virtue of an order under this section;

(b) provision for the amount of any such compensation to be specified in, or determined in accordance with provision made by, the order (including provision for or in connection with the appointment of a person to make any such determination).

(12) Before making an order by virtue of subsection (10) above, the appropriate Minister must consult—

(a) any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the affected area by virtue of an order under this section, and

(b) the owners or reputed owners, lessees or reputed lessees and occupiers, if any, of the affected area.

(13) The appropriate Minister may require the owners of the affected area to provide him with such information relating to the development as he may reasonably require for the purpose of deciding whether to make an order by virtue of subsection (10) above.

(14) In this section “development” has the same meaning as in the Town and Country Planning Act 1990.”