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Is the right to fish an insuperable barrier to ocean recovery in offshore wind farms?

Appleby, Tom

Authors



Abstract

What happens when an irresistible force hits an immovable object? The law about the displacement of existing rights by large infrastructure projects is quite tried and tested. Essentially those with property rights are compensated, those who don’t have them aren’t. Although there are some proprietary rights in quota (though exactly what those are is unclear) the UK Government has confirmed that the UK fishery belongs to the Crown on behalf of the public. Fishing businesses (as well as anglers) are exercising their public right to undertake fishing. So where that right is restricted it is a right which belongs to the public. On that basis, if any compensation was due it would be to the Crown rather than any individual. A good analogy is altering the public right to use the highway by imposing pedestrianisation, parking restrictions or bus lanes. Those businesses affected are not compensated.

Citation

Appleby, T. (2021). Is the right to fish an insuperable barrier to ocean recovery in offshore wind farms?

Conference Name Ocean Recovery
Conference Location Online
Start Date Jan 19, 2021
End Date Jan 21, 2021
Acceptance Date Jan 20, 2021
Online Publication Date Jan 20, 2021
Publication Date Jan 20, 2021
Deposit Date May 7, 2021
Keywords fishing compensation offshore wind environment marine
Public URL https://uwe-repository.worktribe.com/output/7308851
Publisher URL https://uwe.cloud.panopto.eu/Panopto/Pages/Viewer.aspx?id=338e4181-bdde-42a1-a817-ac95011e5aed