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Written question asked by Lord Berkeley (Labour), in the House of Lords. It was answered by Lord Henley (Conservative) on Monday, 14 June 2010.

Oyster Farming: Licences

Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Davies of Oldham on 4 March (WA 383), which organisations the Marine and Fisheries Agency consulted in considering an application under the Coast Protection Act 1949 for the erection of cages for oyster farming in the Helford River other than in the Tremerlin Cove; whether it will publish the responses to its consultation; and whether, prior to granting any consent, it will commission an independent environmental study of the application and undertake any assessment required under the Conservation (Natural Habitats, &c.) Regulations 1994 (SI 1994/2716), as amended.
Answer

Consent for the Duchy of Cornwall Oyster Farm (DC 8593) was granted on 31 March 2010. Organisations that were consulted were: Natural England; Port of Truro Harbour office; Maritime and Coastguard Agency; Carrick District Council; Cornwall Sea Fisheries Committee; Marine Management Organisation (previously the MFA) District Office; Duchy of Cornwall; Cefas; Environment Agency; Falmouth and Truro Port Health Authority; Royal Yachting Association; Trinity House; and Cornwall Council. Section 14 of the Food and Environment Protection Act (Part II) 1985 (FEPA) requires the Marine Management Organisation (MMO) to maintain an up-to-date register of details relating to licence and consent applications and those that have been issued. The regulations ensure that almost all the information provided in support of an application, details of the licence granted (or reasons for its refusal) and data accrued during inspection and monitoring of a licensed operation are available on the public register. With regards to commissioning an independent environmental study of the application, Natural England (NE) has regulatory functions under the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) ("the habitats regulations"), and the Wildlife and Countryside Act 1981 in relation to that part of the Fal and Helford special area of conservation (SAC) which is notified as a site of special scientific interest. The MMO (which was vested on 1 April 2010 and took on the duties of the former Marine and Fisheries Agency) consulted NE for its advice and was sent a response which stated: ""Given these details, Natural England feels that this project is not likely to have an adverse impact on the integrity of the Fal & Helford SAC and therefore does not object to the proposed development"." Therefore, an appropriate assessment was not required.

Secondary information

Type
Written question
Reference
180; 719 c90-1WA
Session
2010-12
Related items
Oyster Farming: Licences
Thursday, 4 March 2010
Written questions
House of Lords
Subjects
Licensing Environmental impact assessment Public consultation Shellfish Fish farming Marine and Fisheries Agency River Helford
Link
View this Written question on www.publications.parliament.uk