Isle of Anglesey County Council & Anor v Welsh Ministers & Ors

Isle of Anglesey County Council & Anor v Welsh Ministers & Ors

The 1962 Order was validly made under the 1868 Act and permitted alienation of the fishery right. Articles 16 and 18 did not preserve to the claimants a right to construct a marina that would substantially interfere with the several fishery. Construction of the marina would be unlawful under section 7(4) of the 1967 Act as it would disturb or injure the fishery.

Parties
Claimant: Isle of Anglesey County Council; Claimant: Crown Estate Commissioners; Defendant: The Welsh Ministers; Defendant: North Western and North Wales Sea Fisheries Committee; Defendant: Andrew Wilson; Defendant: Extramussel Limited
Jurisdiction
England and Wales
Judgment Date
06 May 2008
Procedural Posture
Civil / Judgment
Outcome
judgment for the defendants
Legal Topics
Several Fishery, Statutory Interpretation, Ultra Vires, Derogation From Grant, Rights of Foreshore and Seabed Owners, Protection of Fisheries
Property Law Environmental Law Public Law Several Fishery Statutory Interpretation Ultra Vires Derogation From Grant Rights of Foreshore and Seabed Owners +1 more

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Parties

Isle of Anglesey County Council

Claimant

Crown Estate Commissioners

Claimant

The Welsh Ministers

Defendant

North Western and North Wales Sea Fisheries Committee

Defendant

Andrew Wilson

Defendant

Extramussel Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Menai Strait Oyster and Mussel Fishery Order 1962 was ultra vires the Sea Fisheries Act 1868
  2. 2 Whether Articles 16 and 18 of the 1962 Order preserved the claimants' rights to construct a marina
  3. 3 Whether construction of the marina would be unlawful under section 7 of the Sea Fisheries (Shell Fish) Act 1967

Ratio Decidendi

The 1962 Order was validly made under the 1868 Act and permitted alienation of the fishery right. Articles 16 and 18 did not preserve to the claimants a right to construct a marina that would substantially interfere with the several fishery. Construction of the marina would be unlawful under section 7(4) of the 1967 Act as it would disturb or injure the fishery.

Court Disposition

judgment for the defendants

Orders

  • Declaration that the 1962 Order was valid and intra vires
  • Declaration that the claimants have no reserved right to construct the marina under Articles 16 and 18