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amend
the law relating to nature conservation and the protection of
wildlife |
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in respect of the marine environment;
to provide enforcement powers for |
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marine wildlife conservation
to competent marine authorities; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Marine
sites of special interest |
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(1) |
Where the appropriate nature
conservation body is of the opinion that any |
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marine area is a marine site
of special interest by reason of any of its flora, |
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fauna, or geological or physiographic
features and— |
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(a) |
the area (or part thereof)
lies within a European marine site (or a site |
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5 |
capable of being such), and
that reason is not a reason for which the |
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marine area is (or may be)
a European marine site, the appropriate |
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conservation body may notify
that fact; or |
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(b) |
the area lies outside a European
marine site, the appropriate |
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conservation body shall notify
that fact |
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to
every competent marine authority that has functions in relation
to that |
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marine area or adjacent marine
areas, and as far as is reasonably practicable, |
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every holder of a property
right or statutory right of any kind in relation to any |
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(2) |
The appropriate conservation
body shall also arrange for a notification of that |
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fact to be published in the
London Gazette and by local advertisement. |
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(3) |
A notification under subsection
(1) shall specify the time (not being less than |
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one month from the date of
the giving of the notification) within which, and the |
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manner in which, representations
or objections with respect to it may be made; |
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and the appropriate conservation
body shall consider any representation or |
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(4) |
A notification under subsection
(1) shall also specify— |
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(a) |
the flora, fauna, or geological
or physiographic features by reason of |
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which the marine area is an
area of marine biodiversity interest; and |
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(b) |
the
conservation objectives for that flora, fauna, or geological or
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and
shall contain a statement (a “conservation statement”)
of the appropriate |
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nature conservation body's
views about the management of the marine area |
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(including any views the
appropriate nature conservation body may have |
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about the conservation of
that flora, fauna, or geological or physiographic |
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(5) |
Where a notification under
subsection (1) has been given, the Secretary of State |
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(as regards England) and
the National Assembly for Wales (as regards Wales) |
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may within the period of
six months beginning with the date on which the |
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notification was published
direct the appropriate conservation body to— |
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(a) |
give notice to the persons
mentioned in subsection (1) withdrawing the |
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(b) |
give notice to those persons
confirming the notification (with or |
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(6) |
A notification under subsection
(1) shall cease to have effect— |
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(a) |
on the giving of notice of
its withdrawal under subsection (5)(a) to any |
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of the persons mentioned in
subsection (1); or |
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(b) |
if not withdrawn or confirmed
by notice under subsection (5), within |
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the period of six months referred
to there, at the end of that period |
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and
the Secretary of State (as regards England) and the National Assembly
for |
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Wales (as regards Wales)
shall give written notice to the appropriate nature 25 |
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conservation body as to the
reasons why the notification under subsection (1) |
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has ceased to have effect. |
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(7) |
Where the Secretary of State
(as regards England) and the National Assembly |
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for Wales (as regards Wales)
give written notice under subsection (6), the |
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appropriate nature conservation
body shall give notice to the persons |
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mentioned in subsection (1)
of that fact. |
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(8) |
As from the time when there
is served on any person which has been notified |
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under subsection (1) a notice
under subsection (5)(b) confirming the |
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notification with modifications,
the notification shall have effect in its modified |
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form in relation to so much
(if any) of that marine area as remains subject to it. |
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(9) |
The appropriate conservation
body may install markers indicating the |
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existence and extent of the
marine site of special interest notified under |
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subsection (5)(b), but nothing
shall be done under this power without |
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obtaining the necessary consents
under section 34 of the Coast Protection Act |
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1949 (c. 74) (restriction
of works detrimental to navigation). |
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(10) |
The appropriate conservation
body may at any time after notice has been given |
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under subsection (5)(b) confirming
a notification (with or without |
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modifications), vary the
matters specified or stated in the confirmed |
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notification (whether by
adding to them, changing them, or removing matter |
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from them), and as from the
time when a notice of variation is confirmed under |
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section 1(5)(b), the notification
under subsection 1(1) shall have effect as so |
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(11) |
Where the appropriate conservation
body is of the opinion that all or part of a |
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marine site of special interest
is no longer of interest by reason of any of the |
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matters mentioned in subsection
1(1), they may decide to notify that fact and |
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as from the time a notice
of denotification is confirmed under subsection (5)(b), |
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the notification under subsection
1(1) in relation to that part of the marine area |
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referred to in the notice
of denotification, shall cease to have effect. |
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(12) |
Subsections (1) to (9) shall
apply to a notification given under subsection (10) |
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or (11) in relation to that
part of the marine site of special interest referred to in |
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2 |
Duty
to compile and maintain a register of marine sites of special
interest |
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The appropriate nature conservation
body shall compile and maintain, in such |
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form as it thinks fit, a register
of marine sites of special interest notified under |
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section 1 (5)(b) and shall keep
a copy of the register available for public |
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inspection at all reasonable hours
and free of charge. |
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3 |
Competent
marine authorities: duties |
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(1) |
It shall be the duty of
a competent marine authority in exercising its functions |
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to take reasonable steps,
consistent with the proper exercise of those functions, |
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to further the conservation
of the flora, fauna, or geological or physiographic |
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features by reason of which
a marine area is a marine site of special interest. |
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(2) |
A competent marine authority
shall— |
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(a) |
before deciding to undertake,
or give any consent, permission or other |
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authorisation, in the exercise
of its functions, an operation likely to |
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damage the conservation of
the flora, fauna, or geological or |
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physiographic features by
reason of which a marine area is a marine |
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site of special interest— |
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(i) |
consult the appropriate
nature conservation body; and |
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(ii) |
take account of any written
advice it received from the |
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appropriate conservation
body in response to a consultation |
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under subsection (2)(a)(i) |
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(b) |
take reasonable steps to
exercise its functions in accordance with a |
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management scheme (where one
exists) relating to a marine site of |
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(3) |
Subsection (2)(a) does not
apply to any undertaking, any consent, permission |
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or other authorisation which
is in accordance with a management scheme |
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established under section
4. |
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(4) |
Any report made by the appropriate
nature conservation body under |
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paragraph 20(1)(b) of Schedule
6 of the Environmental Protection Act 1990 |
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(c. 43) (duty to make
to the Secretary of State a report on the exercise and |
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performance of their functions)
shall include their functions and duties in |
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relation to marine sites
of special interest. |
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(1) |
The relevant marine authorities,
or any of them may, in consultation with the |
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appropriate nature conservation
body, establish for a marine site of special |
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interest, a management scheme
under which their functions (including any |
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power to make byelaws) shall
be exercised so as to secure the conservation |
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objectives in relation to
that site. |
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(2) |
Only one management scheme
may be made for each marine site of special |
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(3) |
A
management scheme for a marine site of special interest may not
include any |
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part of an area where a management
scheme for a European marine site has |
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been (or is being) established. |
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(4) |
A management scheme relating
to a marine site of special interest shall be |
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reviewed from time to time
and if necessary amended. |
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(5) |
As soon as a management
scheme has been established, or is amended, a copy |
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of it shall be sent by the
relevant marine authority or authorities concerned to |
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the appropriate nature conservation
body. |
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5 |
Directions
in relation to management schemes |
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(1) |
The Secretary of State (as
regards England) and the National Assembly for |
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Wales (as regards Wales)
may give directions to the relevant marine |
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authorities, or any of them,
as to the establishment of a management scheme |
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for a marine site of special
interest. |
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(2) |
Directions may, in particular— |
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(a) |
require conservation measures
specified in the direction to be included |
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(b) |
appoint one of the relevant
marine authorities to co-ordinate the |
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establishment of the scheme; |
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(c) |
set time limits within which
any steps are to be taken. |
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(3) |
The Secretary of State (with
respect to England) and the National Assembly for |
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Wales (with respect to Wales)
may give directions to the relevant marine |
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authorities, or any of them,
as to the amendment of a management scheme for |
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a marine site of special
interest, either generally or in any particular respect. |
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(4) |
Any directions under this
section shall be in writing and may be varied or |
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revoked by a further direction. |
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6 |
Byelaws
for protection of marine sites of special interest |
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(1) |
The appropriate nature conservation
body may make byelaws for the |
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protection of a marine site
of special interest under section 37 of the Wildlife |
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and Countryside Act 1981
(c. 69) (byelaws for protection of marine nature |
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(2) |
The provisions of subsections
(2) to (11) of that section apply in relation to |
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byelaws made by virtue of
this section with the substitution for the references |
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to marine nature reserves
of references to marine sites of special interest. |
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(3) |
Nothing in byelaws made
by virtue of this section shall interfere with the |
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exercise of any functions
of a competent marine authority, any functions |
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conferred by or under an
enactment (whenever passed) or any right of any |
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person (whenever vested). |
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“European
marine site” means those sites described in Regulation 10
of |
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the
Conservation (Natural Habitats, &c.) Regulations 1994 which
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consists
of, or so far as it consists of, marine areas; |
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(a) |
any
land covered (continuously or intermittently) by tidal |
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in
or adjacent to England and Wales and which extends from the mean
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low
water mark of ordinary tides up to the seaward limit of territorial
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“competent
marine authorities” means such of the following as have
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functions
in relation to marine areas— |
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(a) |
a
Minister of the Crown (within the meaning of the Ministers of
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the
Crown Act 1975 (c. 26)) or a Government department, |
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(b) |
the
National Assembly for Wales, |
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(d) |
a
person holding an office— |
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(ii) |
created
or continued in existence by a public general Act of |
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(iii) |
the
remuneration in respect of which is paid out of money |
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(e) |
a
statutory undertaker (meaning the person referred to in |
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section
262(1), (3) and (6) of the Town and Country Planning |
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(f) |
any
other public body of any description; |
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“relevant
marine authorities” means those competent marine authorities
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(a) |
a
Minister of the Crown (within the meaning of the Ministers of
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the
Crown Act 1975) or a Government department, |
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(b) |
the
National Assembly for Wales; |
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“appropriate
nature conservation body” means English Nature (as |
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regards
England) and the Countryside Council for Wales (as regards |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenses of the Secretary of State under this Act; and |
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(b) |
any
increase attributable to this Act of the sums payable under any
other Act. |
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9 |
Short
title, extent and commencement |
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(1) |
This Act may be cited as
the Marine and Wildlife Conservation Act 2004. |
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(2) |
This Act extends to England
and Wales only. |
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(3) |
This Act comes into force
on such day as the Secretary of State (as regards |
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England) or the National
Assembly for Wales (as regards Wales) may by order |
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made by statutory instrument
appoint. |
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