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Marine and Coastal Access Bill [HL]

I support my noble friend in his plea for a common-sense approach. The point at which I became completely confused in Clause 291 was in trying to read subsection (3)(b) against subsection (4)(f). Subsection (3)(b) deals with "downstream" of the point described in subsection (3)(a). Under subsection (4), Natural England has regard to matters which are listed in taking its decision under subsection (3)(b). Those matters are listed in subsection (4). Paragraph (f) says that it has to consider, ""whether it is desirable to continue the … route to a particular physical feature"." I read that as being upstream of the point in subsection (3)(a), otherwise there would be no need to mention it. However, subsections (4) and (3)(b) deal with "downstream". I hope that your Lordships are with me with so far. My difficulty may be, as my noble friend identified, not understanding what is meant by "estuarial waters" within the limits of transitional waters within the directive—that is in the interpretation clause. My goodness, if one has to go round and round in such circles, it certainly argues for trying to cut through this and find the sort of common-sense approach that my noble friend was describing.