|
| |
|
(a) | the Data Protection Act 1998 (c. 29), or |
| |
(b) | Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23). |
| |
(6) | This paragraph does not affect a power to disclose which exists apart from |
| |
| |
| 5 |
| |
Consequential amendments relating to MCZs |
| |
Conservation of Seals Act 1970 (c. 30) |
| |
1 | In section 10 of the Conservation of Seals Act 1970 (power to grant licences) |
| |
in subsection (4)(d) for “a marine nature reserve under section 36 of that Act” |
| |
substitute “a marine conservation zone under section 116 of the Marine and |
| 10 |
Coastal Access Act 2009”. |
| |
Wildlife and Countryside Act 1981 (c. 69) |
| |
2 (1) | The Wildlife and Countryside Act 1981 is amended as follows. |
| |
(2) | The following provisions are omitted— |
| |
| 15 |
| |
(3) | In consequence of sub-paragraph (2), in the italic cross-heading preceding |
| |
section 34A, the words “marine nature reserves” are omitted. |
| |
Water Resources Act 1991 (c. 57) |
| |
3 | In paragraph 5 of Schedule 25 to the Water Resources Act 1991 (powers of |
| 20 |
the Environment Agency to make byelaws for flood defence and drainage |
| |
purposes) in sub-paragraph (4) for the words from “the operation of” to the |
| |
end of that sub-paragraph substitute “the operation of— |
| |
(a) | any byelaw made by a navigation authority, harbour |
| |
authority or conservancy authority; |
| 25 |
(b) | any byelaw made under section 129 or 132 of the Marine |
| |
and Coastal Access Act 2009 (byelaws for protecting |
| |
marine conservation zones in England); |
| |
(c) | any order made under section 134 or 136 of that Act (orders |
| |
for protecting marine conservation zones in Wales).” |
| 30 |
Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) |
| |
4 (1) | For regulation 36 of the Conservation (Natural Habitats, &c) Regulations |
| |
1994 (S.I. 1994/2716) (byelaws for protection of European marine sites) |
| |
| |
“36 | Protection of European marine sites |
| 35 |
(1) | The MMO may make byelaws for the protection of a European |
| |
marine site in England under section 129 of the Marine and Coastal |
| |
Access Act 2009 (byelaws for protection of marine conservation |
| |
| |
|
| |
|
| |
|
(2) | The Welsh Ministers may make orders for the protection of a |
| |
European marine site in Wales under section 134 of that Act (orders |
| |
for protection of marine conservation zones). |
| |
(3) | The provisions of Chapter 1 of Part 5 of that Act relating to byelaws |
| |
under section 129 or orders under section 134 apply, with the |
| 5 |
modifications described in paragraph (4) of this regulation, in |
| |
relation to byelaws made by virtue of paragraph (1) of this regulation |
| |
or (as the case may be) orders made by virtue of paragraph (2) of this |
| |
| |
(4) | The modifications are— |
| 10 |
(a) | any reference to an MCZ is to be read as a reference to a |
| |
| |
(b) | in sections 129(1) and 134(1), the reference to furthering the |
| |
conservation objectives of an MCZ is to be read as a reference |
| |
to protecting a European marine site; |
| 15 |
(c) | the reference in section 129(3)(c) to hindering the |
| |
conservation objectives stated for an MCZ is to be read as a |
| |
reference to damaging a European marine site. |
| |
(5) | Nothing in byelaws or orders made by virtue of this regulation shall |
| |
interfere with the exercise of any functions of a relevant authority, |
| 20 |
any functions conferred by or under an enactment (whenever |
| |
passed) or any right of any person (whenever vested).” |
| |
(2) | The amendment by this paragraph of a provision contained in subordinate |
| |
legislation is without prejudice to any power to amend that provision by |
| |
| 25 |
| |
| |
Transitional provision relating to MCZs |
| |
| |
“the 1981 Act” means the Wildlife and Countryside Act 1981 (c. 69); |
| |
“the commencement date”, in relation to an area, means the date on |
| 30 |
which paragraph 2 of Schedule 11 comes into force in relation to that |
| |
| |
2 (1) | Any area which, immediately before the commencement date, is designated |
| |
by an order under section 36 of the 1981 Act as a marine nature reserve is to |
| |
be treated, on and after that date, as if it were a marine conservation zone |
| 35 |
designated by an order under section 116. |
| |
(2) | The designation having effect by virtue of sub-paragraph (1) includes (in |
| |
accordance with section 118(6)(b)) the area of land designated by the order |
| |
under section 36, together with all of the water covering that land. |
| |
3 | Any byelaw which, immediately before the commencement date, is in force |
| 40 |
under section 37 of the 1981 Act for the protection of any area designated as |
| |
a marine nature reserve has effect, on and after that date, as if it were— |
| |
(a) | in the case of an area in England, a byelaw made under section 129; |
| |
(b) | in the case of an area in Wales, an order made under section 134. |
| |
|
| |
|
| |
|
4 | Any provision of this Chapter which— |
| |
(a) | confers any function on the MMO, and |
| |
(b) | comes into force before the date on which section 1 of this Act comes |
| |
| |
| has effect until that date as if it conferred that function on the Secretary of |
| 5 |
| |
| |
| |
Marine boundaries of SSSIs and national nature reserves |
| |
| |
| 10 |
1 | In this Schedule “the 1981 Act” means the Wildlife and Countryside Act 1981 |
| |
| |
| |
Sites of special scientific interest |
| |
Marine boundaries of sites of special scientific interest |
| 15 |
2 (1) | Section 28 of the 1981 Act (sites of special scientific interest) is amended as |
| |
| |
(2) | In subsection (1)(a) after “the local planning authority” insert “(if any)”. |
| |
(3) | After subsection (1) insert— |
| |
“(1A) | The reference in subsection (1) to land includes— |
| 20 |
(a) | any land lying above mean low water mark; |
| |
(b) | any land covered by estuarial waters. |
| |
(1B) | Where the area of land to which a notification under subsection (1) |
| |
relates includes land falling within subsection (1A)(a) or (b) (“area |
| |
A”), it may also include land not falling within subsection (1A)(a) or |
| 25 |
| |
(a) | area B adjoins area A, and |
| |
(b) | any of the conditions in subsection (1C) is satisfied. |
| |
| |
(a) | that the flora, fauna or features leading to the notification of |
| 30 |
area A is or are also present in area B; |
| |
(b) | that the notification of area A is by reason of any flora or |
| |
fauna which are dependent (wholly or in part) on anything |
| |
which takes place in, or is present in, area B; |
| |
(c) | that, without the inclusion of area B, the identification of the |
| 35 |
boundary of the land notified (either in the notification or on |
| |
the ground for the purposes of exercising functions in |
| |
relation to it) would be impossible or impracticable.” |
| |
|
| |
|
| |
|
(4) | In subsection (2) for “that fact” substitute “the fact mentioned in subsection |
| |
| |
(5) | In subsection (5) (confirmation of notification of SSSIs) after paragraph (b) |
| |
| |
| “In the case of a notification given in relation to land lying below |
| 5 |
mean low water mark by virtue of subsection (1B), this subsection is |
| |
subject to section 28CB(4) and (6).” |
| |
(6) | After subsection (9) insert— |
| |
“(9A) | For the purposes of this Part “estuarial waters” means any waters |
| |
within the limits of transitional waters, within the meaning of the |
| 10 |
Water Framework Directive (that is to say, Directive 2000/60/EC of |
| |
the European Parliament and of the Council of 23 October 2000 |
| |
establishing a framework for Community action in the field of water |
| |
| |
(7) | No notification under subsection (1) of that section made before the coming |
| 15 |
into force of this paragraph may be questioned in legal proceedings on the |
| |
ground that the area of land to which the notification relates includes land |
| |
lying below mean low water mark. |
| |
3 | In section 28A of the 1981 Act (variation of notification under section 28), in |
| |
subsection (3)(a) after “the local planning authority” insert “(if any)”. |
| 20 |
4 | In section 52(1) of the 1981 Act (interpretation of Part 2), after the definition |
| |
of “agricultural land” insert— |
| |
““estuarial waters” has the meaning given by section 28(9A);”. |
| |
Notification of additional land that is subtidal |
| |
5 (1) | Section 28B of the 1981 Act (notification of additional land) is amended as |
| 25 |
| |
(2) | In subsection (2)(a) after “the local planning authority” insert “(if any)”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | The reference in subsection (1) to land includes— |
| |
(a) | any land lying above mean low water mark; |
| 30 |
(b) | any land covered by estuarial waters. |
| |
(2B) | If any of the conditions in subsection (2C) is satisfied, the extra land |
| |
may consist of or include an area of land not falling within |
| |
subsection (2A)(a) or (b). |
| |
| 35 |
(a) | that the flora, fauna or features that led to the notification of |
| |
the SSSI is or are also present in the area of the extra land not |
| |
falling within subsection (2A)(a) or (b); |
| |
(b) | that the notification of the SSSI is by reason of any flora or |
| |
fauna which are dependent (wholly or in part) on anything |
| 40 |
which takes place in, or is present in, that area; |
| |
(c) | that, without the inclusion of that area, the identification of |
| |
the boundary of the SSSI (either in the notification or on the |
| |
ground for the purposes of exercising functions in relation to |
| |
it) is impossible or impracticable.” |
| 45 |
|
| |
|
| |
|
(4) | In subsection (3) for “such notification” substitute “notification under |
| |
| |
(5) | In subsection (7) (application of section 28(5) to (7) in relation to notifications |
| |
| |
(a) | after ““subsection (1)”” insert “and “subsection (1B)””; |
| 5 |
(b) | for “of this section” (in the second place where it occurs) substitute |
| |
“and subsection (2B) of this section respectively”. |
| |
(6) | No notification under subsection (2) of that section made before the coming |
| |
into force of this paragraph may be questioned in legal proceedings on the |
| |
ground that the area of land to which the notification relates consists of or |
| 10 |
includes land lying below mean low water mark. |
| |
Enlargement of SSSI to include subtidal land |
| |
6 (1) | Section 28C of the 1981 Act (enlargement of SSSI) is amended as follows. |
| |
(2) | In subsection (2)(a) after “the local planning authority” insert “(if any)”. |
| |
(3) | After subsection (2) insert— |
| 15 |
“(2A) | The reference in subsection (1) to land includes— |
| |
(a) | any land lying above mean low water mark; |
| |
(b) | any land covered by estuarial waters. |
| |
(2B) | If any of the conditions in subsection (2C) is satisfied, the area of land |
| |
to which a notification under subsection (2) relates may include an |
| 20 |
area of land not falling within subsection (2A)(a) or (b). |
| |
| |
(a) | that the flora, fauna or features that led to the notification of |
| |
the SSSI is or are also present in the area of land not falling |
| |
within subsection (2A)(a) or (b); |
| 25 |
(b) | that the notification of the SSSI is by reason of any flora or |
| |
fauna which are dependent (wholly or in part) on anything |
| |
which takes place in, or is present in, that area; |
| |
(c) | that, without the inclusion of that area, the identification of |
| |
the boundary of the SSSI (either in the notification or on the |
| 30 |
ground for the purposes of exercising functions in relation to |
| |
it) is impossible or impracticable.” |
| |
(4) | In subsection (3) (application of section 28(2) to (8) in relation to notifications |
| |
| |
(a) | for “and “subsection (1)(b)”” substitute “, “subsection (1)(b)” and |
| 35 |
| |
(b) | for “and subsection (2)(b)” substitute “, subsection (2)(b) and |
| |
| |
(5) | No notification under subsection (2) of that section made before the coming |
| |
into force of this paragraph may be questioned in legal proceedings on the |
| 40 |
ground that the area of land to which the notification relates includes land |
| |
lying below mean low water mark. |
| |
|
| |
|
| |
|
Guidance in relation to subtidal notifications of SSSIs |
| |
7 | After section 28C of the 1981 Act insert— |
| |
“28CA | Guidance in relation to subtidal notifications of SSSIs |
| |
(1) | The ministerial authority may issue guidance to Natural England |
| |
about the exercise of the power conferred by section 28(1B), 28B(2B) |
| 5 |
or 28C(2B) to give a notification under section 28(1), 28B(2) or 28C(2) |
| |
(as the case may be) in relation to land lying below mean low water |
| |
| |
(2) | In this section and section 28CB “the ministerial authority” means— |
| |
(a) | in relation to England, the Secretary of State; |
| 10 |
(b) | in relation to Wales, the Welsh Ministers.” |
| |
Power to call in subtidal notifications of SSSIs |
| |
8 | After section 28CA of the 1981 Act (inserted by paragraph 7) insert— |
| |
“28CB | Power to call in subtidal notifications |
| |
(1) | This section applies where a notification under section 28(1), 28B(2) |
| 15 |
or 28C(2) has been given in relation to land lying below mean low |
| |
water mark (“the subtidal land”) by virtue of section 28(1B), 28B(2B) |
| |
or 28C(2B) (as the case may be). |
| |
(2) | Natural England may not give notice under section 28(5)(b) |
| |
confirming the notification unless, at least 21 days before doing so, |
| 20 |
they have given notice of their intention to the ministerial authority. |
| |
| (For the meaning of “the ministerial authority”, see section 28CA.) |
| |
(3) | At any time before the notification is confirmed the ministerial |
| |
authority may give notice to Natural England that the ministerial |
| |
authority is considering whether to give a direction under subsection |
| 25 |
(5) regarding the subtidal land. |
| |
(4) | If the ministerial authority gives notice under subsection (3), Natural |
| |
England may not give notice under section 28(5) until the ministerial |
| |
authority has given a direction under subsection (5). |
| |
(5) | The ministerial authority may direct— |
| 30 |
(a) | that the notification (if confirmed) must include all of the |
| |
| |
(b) | that the notification (if confirmed) must not include any of |
| |
| |
(c) | that the notification (if confirmed) must, or must not, include |
| 35 |
such part of that land as is specified in the direction; |
| |
(d) | that the decision whether the notification (if confirmed) |
| |
should include the subtidal land is to be taken by Natural |
| |
| |
(6) | If the ministerial authority gives a direction under subsection (5), |
| 40 |
Natural England must give notice under section 28(5)(a) or (b), in |
| |
accordance with that direction, within the period of three months |
| |
beginning with the date on which the direction is received by them. |
| |
|
| |
|
| |
|
(7) | The ministerial authority may, before deciding whether to give a |
| |
direction under subsection (5), give to any person the opportunity |
| |
| |
(a) | appearing before and being heard by a person appointed by |
| |
the ministerial authority for that purpose; |
| 5 |
(b) | providing written representations to such a person. |
| |
(8) | A person appointed under subsection (7) must make a report to the |
| |
ministerial authority of any oral or written representations made |
| |
| |
(9) | The ministerial authority may make regulations providing for the |
| 10 |
procedure to be followed (including decisions as to costs) at hearings |
| |
held under subsection (7). |
| |
(10) | The power to make regulations under subsection (9) is exercisable by |
| |
| |
(11) | A statutory instrument containing regulations made under |
| 15 |
subsection (9) by the Secretary of State shall be subject to annulment |
| |
in pursuance of a resolution of either House of Parliament. |
| |
(12) | A statutory instrument containing regulations made under |
| |
subsection (9) by the Welsh Ministers shall be subject to annulment |
| |
in pursuance of a resolution of the National Assembly for Wales.” |
| 20 |
Denotification of SSSI on designation of area as MCZ |
| |
9 (1) | Section 28D of the 1981 Act (denotification) is amended as follows. |
| |
(2) | In subsection (1) before “is not of special interest” insert “(a)” and after |
| |
“mentioned in section 28(1),” insert “or |
| |
(b) | should no longer be the subject of a notification under section |
| 25 |
28(1) because that land has been designated as (or as part of) |
| |
a marine conservation zone under section 116 of the Marine |
| |
and Coastal Access Act 2009,”. |
| |
(3) | In subsection (2)(a)— |
| |
(a) | after “the local planning authority” insert “(if any)”; |
| 30 |
(b) | for “the land which Natural England no longer consider to be of |
| |
special interest” substitute “the land mentioned in subsection (1)”. |
| |
(4) | In subsection (3) for “that fact” substitute “the fact mentioned in subsection |
| |
| |
| 35 |
| |
Marine boundaries of national nature reserves |
| |
10 (1) | In section 35 of the 1981 Act (national nature reserves) after subsection (1) |
| |
| |
“(1A) | The land which may be declared to be a national nature reserve in |
| 40 |
England or Wales includes— |
| |
(a) | any land lying above mean low water mark; |
| |
|
| |
|