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

Appleby, Tom

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.

• Presentation Conference Type: Conference Paper (published)
• Conference Name: Ocean Recovery
• 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