HC Deb 18 July 1963 vol 681 c847
Sir K. Joseph

I beg to move, in page 45, line 14, at end to insert: (4) The provisions of subsections (5) to (7) of section 29 of this Act shall apply in relation to any proposals referred to the Minister as mentioned in subsection (1) of this section as if in those provisions any reference to the river authority were a reference to the Minister and any reference to the application were a reference to the proposals. (5) In determining under this section whether a licence should be varied, and, if so, what direction should be given under subsection (3) of this section, the Minister shall consider whether any such direction would require the licence to be varied so as to authorise derogation from protected rights. (6) In subsections (5) to (7) of section 29 of this Act, as applied by subsection (4) of this section, any reference to "the preceding provisions" shall be construed as a reference to subsections (1) and (5) of this section. (7) Any reference in this section to authorising derogation from protected rights shall be construed in accordance with subsection (9) of section 41 of this Act. At the moment, the Minister has to consider, under Clause 43, proposals to revoke or vary a licence where they are to be made by the river authority, the licensee having objected. The procedure is carefully laid down for ministerial hearing, but nothing is written in the Bill about how the Minister shall decide the case before him. This Amendment requires the Minister to decide whether the revocation or the variation shall be made and to take into account the considerations behind the minimum acceptable flow decision relating to the particular stream, or the considerations which would be taken into account if a minimum acceptable flow decision were being made. It would also require him to consider carefully, when making his decision, whether it would derogate from any protected rights.

Amendment agreed to.