The Calshot Oyster Fishery (Variation) Order 1995

Link to law: http://www.legislation.gov.uk/uksi/1995/1258/made/data.htm?wrap=true
Published: 1995-05-09

Statutory Instruments
1995 No. 1258

SEA FISHERIES
The Calshot Oyster Fishery (Variation) Order 1995

Made
9th May 1995

Laid before Parliament
10th May 1995

Coming into force
31st May 1995

Whereas an application for an Order to vary the Calshot Oyster Fishery Order 1982(1) was made under section 1 of the Sea Fisheries (Shellfish) Act 1967(2) to the Minister of Agriculture, Fisheries and Food by the Calshot Oyster Fishermen Limited (hereinafter referred to as “the grantees”);
And whereas the said Minister prepared a draft Order and served a copy of it on the grantees in accordance with paragraph 1 of Schedule 1 to the said Act;
And whereas the grantees caused printed copies of the draft Order to be published and circulated, and gave notice of the application, in accordance with paragraph 2 of the said Schedule;
And whereas objections were received by the Minister, under paragraph 3 of the said Schedule, which he considered to be neither frivolous nor irrelevant, and which were not withdrawn;
And whereas the Minister appointed an inspector respecting the proposed Order in accordance with paragraph 4(2) of the said Schedule, and the inspector made an inquiry in accordance with paragraph 4(3) thereof, and made a report to the Minister in accordance with paragraph 4(7) thereof;
And whereas the Minister considered the inspector’s report and thinks it expedient to make the Order;

Now, therefore, the said Minister, in exercise of the powers conferred on him by the said section 1 and of all other powers enabling him in that behalf, and with the consent of the Crown Estate Commissioners, hereby makes the following Order:—

Title, commencement and interpretation

1.—(1) This Order may be cited as the Calshot Oyster Fishery (Variation) Order 1995 and shall come into force on 31st May 1995.

(2) In this Order “the principal Order” means the Calshot Oyster Fishery Order 1982

Variation of the principal Order

2.—(1) The principal Order shall be varied in accordance with the following paragraphs of this article.

(2) In article 3(1) (right of several fishery), for the words “for the period ending on 1st June 1995” there shall be substituted the words “for the period ending on 1st June 2005”.

(3) In article 3(2), there shall be substituted for the area comprising the fishery so much of the area of the Solent in the vicinity of Calshot Spit as is shown coloured red, blue and green on the map (which shall be substituted for the definitive map) marked “Map referred to in the Calshot Oyster Fishery (Variation) Order 1995”, prepared in duplicate and sealed with the Minister’s official seal, one copy of which is available at the grantees' offices and the other at the offices of the Minister.

(4) Articles 4A (control of deposits) and 4B (taking of samples for the purpose of disease control) shall be omitted.

Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
9th May 1995

Explanatory Note

(This note is not part of the Order)

This Order—
(a)extends the duration of the Calshot Oyster Fishery Order 1982 (“the principal Order”) for a further ten years until 1st June 2005 (article 2(2));
(b)substitutes for the existing area of the fishery an extended area defined in a map sealed by the Minister of Agriculture, Fisheries and Food, which may be inspected (subject to prior appointment) during office hours at the offices of the Calshot Oyster Fishermen Ltd. at Crampmoor Farm, Crampmoor Lane, Romsey, Hamsphire SO1 9AJ or at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR (article 2(3)); and
(c)removes the articles relating to the control of oyster deposits and to taking samples for the purpose of disease control from the principal Order (article 2(4)).


(1)
S.I. 1982/135 as varied by S.I. 1989/178.

(2)
1967 c. 83; section 1 was amended by section 15(2) of the Sea Fisheries Act 1968 (c. 77) and paragraph 15 of Schedule 2 to the Fishery Limits Act 1976 (c. 86) and is to be read with section 15(3) to (5) of the Sea Fisheries Act 1968; Schedule 1 was amended by section 15(7) of the Sea Fisheries Act 1968; section 22(1) contains a definition of "the Minister".
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