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Written question asked by Lord Berkeley (Labour), in the House of Lords. It was answered by Lord Davies of Oldham (Labour) on Thursday, 4 March 2010.

Oyster Farming: Licences

Question
To ask Her Majesty's Government who is responsible for ensuring that an environmental impact assessment is obtained before a licence can be granted for the cultivation of pacific oysters on underwater trestles in a special area of conservation at Tremerlin Cove, in the Helford River, Cornwall; whether such a licence is required before such a development can take place; and how many licences for that purpose have been granted in that area in the last ten years.
Answer

In addition to any permission needed from the landowner, the placement of trestles for oyster cultivation in Tremerlin Cove in the Helford River would need the consent of Natural England, if the trestles were to be situated in that area of the cove notified as a site of special scientific interest. Such consent would be needed under the provisions of Section 28 of the Wildlife and Countryside Act 1981. NE has not granted any such consent in the past 10 years, but has taken action to ensure the removal of trestles (for the cultivation of oysters) which were placed within the SSSI without consent. The Marine and Fisheries Agency (MFA) also exercises controls which may apply to works associated with shellfish cultivation. The MFA's consent is required, pursuant to Section 34 of the Coast Protection Act 1949 (CPA), for the deposit of objects or materials on any part of the seashore within the SAC lying below mean high water springs and the removal of objects or materials on any part of the seashore lying below mean low water springs, if the operation causes or is likely to result in obstruction or danger to navigation. Section 35 of the CPA contains exceptions to these requirements. The MFA has not granted any consent for the placement of trestles at Tremerlin Cove in the past 10 years. It is currently considering an application under the CPA for the placement of sub-tidal cages in a different area of the river. It is for the consenting authority to consider whether an environmental impact assessment (EIA) is required for any development proposal, under domestic legislation implementing the EIA directive, where that legislation is applicable. It is also for the consenting authority to consider whether to undertake any appropriate assessment required under the Conservation (Natural Habitats &c) Regulations 1994 (as amended), which implement the EU Habitats Directive in Great Britain.

Secondary information

Type
Written question
Reference
2342; 717 c383WA
Session
2009-10
Related items
Oyster Farming: Licences
Monday, 14 June 2010
Written questions
House of Lords
Subjects
Licensing Environmental impact assessment Shellfish Fish farming Special areas of conservation River Helford
Link
View this Written question on www.publications.parliament.uk