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Marine and Coastal Access Bill [HL]

As the noble Baroness will recognise, in drafting the Bill we paid special attention to the interface between land and sea so that these respective mechanisms would dovetail together. Clause 115 sets out the limited circumstances in which the marine conservation zones can extend above the mean high-water spring tide. Conversely, Schedule 13 sets out the circumstances in which SSSIs can extend below the mean low-water mark. We have adopted a pragmatic and flexible approach to ensuring that sites are protected through the most appropriate arrangements. The Government intend to publish draft guidance on sub-tidal SSSIs and national nature reserves, which will explain in more detail how we envisage the marine and terrestrial systems working together. It may even be that there are circumstances when it will be appropriate and desirable for a SSSI and a marine conservation zone partially to overlap. Nothing in the Bill would prevent that overlap. However, where an overlap would provide no conservation benefit and cause unnecessary duplication or potential confusion for sea users, it is important that the conservation body has the power to remedy the situation by denotifying the SSSI. That is the purpose of paragraph 9 of Schedule 13, to which of course the amendment refers. I want to emphasise that we have taken care to ensure that the denotification of an SSSI is a power and not a duty. The Bill leaves the decision where it should be, with the conservation body. So I understand the noble Lord’s expression of anxiety. It is right that when we are dealing with the definition of the boundary between land and sea and all its difficulties, we should be assured that the Bill addresses those issues fully and satisfactorily. However, I hope the noble Lord, Lord Greaves, will accept that the Bill is a conservation measure in the same way as SSSIs represent conservation and that we have the power vested in the conservation body. I hope he will also accept what the noble Lord, Lord Taylor, said in his remarks. It is inevitable that issues will arise about responsibility for the boundary between land and sea, and the Bill takes due cognisance of that by addressing the issue with due thoroughness. I therefore hope that he will feel able to withdraw his amendment.