The Sussex Sea Fisheries District (Variation) Order 1996

Statutory Instruments

1996 No. 847

SEA FISHERIES

The Sussex Sea Fisheries District (Variation) Order 1996

Laid before Parliament in draft

Made

18th March 1996

Coming into force

19th March 1996

The Minister of Agriculture, Fisheries and Food, on the application of the local fisheries committee for the Sussex Sea Fisheries District and after consultation with every council concerned, in exercise of the powers conferred on him by section 1 of the Sea Fisheries Regulation Act 1966(1) and of all other powers enabling him in that behalf, hereby makes the following Order, a draft of which has lain before Parliament for forty days prior to its being made:

Title and commencement

1.  This Order may be cited as the Sussex Sea Fisheries District (Variation) Order 1996 and shall come into force on 19th March 1996.

Variation of the Sea Fisheries District

2.  The Order made by the Board of Trade on 15th February 1893(2) (which created the Sussex Sea Fisheries District) shall be varied as follows—

(a) in article 1 (Creation of District), for the words “within three nautical miles from the baselines” there shall be substituted “within six nautical miles from the baselines”;

(b) at the end of article 1, there shall be inserted the following paragraph—

• “In this article “the baselines” means the baselines as they existed at 25th January 1983 in accordance with the Territorial Waters Order in Council 1964(3) as amended by the Territorial Waters (Amendment) Order in Council 1979(4).”.

Tony Baldry

Minister of State, Ministry of Agriculture, Fisheries and Food

18th March 1996

Explanatory Note

(This note is not part of the Order)

This Order varies the provisions of the Order, dated 15th February 1893 which created the Sussex Sea Fisheries District by providing that the district shall comprise so much of the sea as is within six miles of the baselines (formerly three miles).

This Order also substitutes a new definition of “the baselines” to comply with the judgment of the European Court of Justice in Re Territorial Sea: EC Commission v. United Kingdom (Case 146/89) [1991] 3 CMLR 649.

Copies of the Order which created the Sussex Sea Fisheries District are available from the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR.

(1)

1966 c. 38, amended by the Local Government Act 1985 (c. 51), section 16 and Schedule 8, paragraph 19: see section 20(1) for the definition of “the Minister”.

(2)

Parl. Papers 1893–1894 No. 75; the relevant amending instrument is S.I. 1980/813.

(3)

See S.I. 1965 III p.6452A.

(4)

See S.I. 1979 II p.2866.