The following Environment practice note provides comprehensive and up to date legal information covering:
MCAA 2009 introduced a revised system of marine management and licensing, including marine planning which makes provisions for general government marine environment policies, as well as those policies of the devolved administrations. It also made changes to the management of marine, migratory and freshwater fisheries, marine conservation, as well as recreational access to the English and Welsh coasts. The eight key elements of MCAA 2009 are:
establishment of the Marine Management Organisation (MMO)
creation of a strategic marine planning system
a streamlined marine licensing system
marine nature conservation
fisheries management and marine enforcement
migratory and freshwater fisheries
coastal and estuarine management
MCAA 2009 came about following a number of reviews and reports, including the 2002 Marine Stewardship Report, ‘Safeguarding our seas’, that suggested a new approach to managing marine activities was necessary.
In March 2006, a consultation paper on the scope of a Marine Bill
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There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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