§ Amendments made: No. 32, in page 3, line 27, leave out from beginning to end of line 36 and insert—
§ '(2) This subsection applies to any operation—>
- (a) which a competent marine authority proposes to undertake; or
- (b) to which a competent marine authority proposes to give its consent,
§ if in the opinion of the competent marine authority the operation is likely to damage any of the flora, fauna or geological or physiographical features by reason of which a marine area is a marine site of special interest.
§ (3) If subsection (2) applies, the competent marine authority must before deciding to undertake the operation or give consent to the operation give notice to the appropriate nature conservation body.
§ (4) The competent marine authority must not decide to undertake the operation or give consent to it before whichever is the earliest of—
- (a) the end of the period of 28 days beginning with the day on which notice is given under subsection (3); or
- (b) the receipt of representations from the appropriate nature conservation body.
§ (5) In deciding whether to undertake the operation or give consent to it the competent marine authority must consider any representations made by the appropriate nature conservation body and must notify the appropriate nature conservation body of how (if at all) it has taken into account the representations.
§ (6) To the extent that the competent marine authority does not take into account the representations of the appropriate nature conservation body it must, in undertaking or giving consent to the 1177 operation, do so in such a way as to give rise to as little damage as is reasonably practicable in all the circumstances to the flora, fauna or geological or physiographical features by reason of which the site is of special interest.
§ (7) Subsection (2) does not apply to an operation which in the opinion of the competent marine authority is an emergency operation, but in that case the competent marine authority must within 7 days of undertaking or consenting to the emergency operation notify the appropriate nature conservation body of the operation.'.
§ No. 33, in page 3, line 37, at beginning insert—
§ '(8) A competent marine authority must'.
§ No. 34, in page 3, line 38, leave out from "scheme" to end of line 41.
§ No. 35, in page 3, line 42, at end insert—
§ '(9) Subsection (2) does not apply to an operation the undertaking of which in the opinion of the competent marine authority concerned is in accordance with—
- (a) a management scheme established under section 4; or
- (b) a management scheme established under the Natural Habitats Regulations (management schemes for European marine sites).'.
§ No. 36, in page 3, line 42, at end insert—
§ '(10) Nothing in this section has effect in relation to the exercise of a function or the undertaking of an operation to the extent that the Secretary of State certifies that it is requisite or expedient in the interests of national security that it should not have effect in relation to the exercise of the function or the undertaking of the operation.'.
§ No. 37, in page 4, line 1, leave out subsection (4).—[Mr. Meacher.]