The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

Consultative Committee

5.—(1) The conservancy authority must establish a committee, to be known as the Dee Estuary Consultative Committee, which it must, except in a case of special urgency, consult on all matters substantially affecting the conservancy, maintenance, protection, regulation, operation, management and improvement of the estuary and its navigation.

(2) Subject to paragraphs (3) to (6), the committee is to consist of up to sixteen members appointed by the conservancy authority, of whom—

(a) two each are to be appointed on the nomination of—

(i) Wirral Metropolitan Borough Council, and

(ii) Flintshire County Council;

(b) one is to be appointed on the nomination of each of—

(i) Cheshire West and Chester Council,

(ii) Natural England(1),

(iii) the Royal Yachting Association(2),

(iv) the company, and

(v) the Maritime and Coastguard Agency(3);

(c) one, to represent local fishing interests in the estuary, is to be appointed after consultation with such persons (if any) as the authority considers appropriate, being a person who appears to it to be representative of those interests;

(d) two, to represent commercial interests in the estuary, other than fishing, are to be appointed after consultation with such persons (if any) as the authority considers appropriate, being persons who appear to it to be representative of those interests;

(e) one, to represent local conservation interests in the estuary, is to be appointed after consultation with the Dee Estuary Conservation Group and with such other persons (if any) as the authority considers appropriate, being a person who appears to it to be representative of those interests;

(f) one, to represent local recreational interests in the estuary, other than fishing, is to be appointed after consultation with the Inland Waterways Association and with such other persons (if any) as the authority considers appropriate, being a person who appears to it to be representative of those interests; and

(g) no more than two may be appointed to represent such persons having an interest in the estuary, in addition to those mentioned in sub-paragraphs (a) to (f), as the conservancy authority may from time to time consider appropriate to appoint.

(3) In the case of any of the appointments referred to in sub-paragraphs (a) or (b) of paragraph (2), if—

(a) it appears to the conservancy authority that the body by whom the nomination is to be made has refused or failed to nominate a member after being requested by the authority to do so, or

(b) the body by whom a nomination is to be made has ceased to have an identifiable existence,

the appointment in question may be made by the authority as it considers appropriate, after consultation with such persons (if any) appearing to it to be representative of the interests represented, or formerly represented, by the nominating body specified in the relevant sub-paragraph.

(4) The conservancy authority is not obliged to appoint a person who is nominated under sub-paragraph (a) or (b) of paragraph (2) but may request the body or bodies who made the nomination to nominate another person.

(5) The term of office of a member of the committee is three years from the date of their appointment and, on ceasing to hold office, the member is to be eligible for re-appointment.

(6) A member of the committee may at any time, by notice in writing to the conservancy authority, resign their office.

(7) The committee may determine its own quorum and procedure and may establish one or more sub-committees for any purpose connected with its functions under this article.

(8) In addition to its members, the conservancy authority must appoint from among them the chairperson of the committee.

(9) Notwithstanding the duty to consult mentioned in paragraph (1), the conservancy authority must consult the committee on proposals to—

(a) formulate and publish a management plan under article 4(3);

(b) impose or vary any charges in relation to use of the estuary;

(c) make byelaws;

(d) construct or license any significant works in the estuary; or

(e) carry out or license dredging.

(10) The conservancy authority must take into consideration any matter, recommendation or representation which may from time to time be referred or made to it by the committee, whether or not the committee has been consulted by the authority in relation to that matter, recommendation or representation.

(1)

Natural England, whose head office address is at Foss House, Kings Pool, 1-2 Peasholme Green, York YO1 7PX.

(2)

Royal Yachting Association, registered in England and Wales with company number 00878357 and whose registered office address is RYA House, Ensign Way, Hamble SO31 4YA.

(3)

The Maritime and Coastguard Agency, whose head office address is at Spring Place, 105 Commercial Road, Southampton SO15 1EG.