Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
77

“British marine structure” means a marine structure owned by or leased
to an individual residing in, or a body corporate incorporated under the
law of, any part of the United Kingdom;
“British vessel” means a vessel—
(a)
which is registered in the United Kingdom,
5
(b)
which falls within section 1(1)(d) of the Merchant Shipping Act
1995 (c. 21) (small ships), or
(c)
which is exempt from registration under section 294 of that Act;
“compliance notice” means a notice issued under section 90;
“emergency safety notice” means a notice issued under section 104;
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“enforcement authority” has the meaning given by section 114;
“fixed monetary penalty” has the meaning given by section 93(3);
“licensable marine activity” is to be read in accordance with section 66;
“licensing authority” means—
(a)
the Secretary of State;
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(b)
the Welsh Ministers;
(c)
the Scottish Ministers;
(d)
the Department of the Environment in Northern Ireland;
“marine licence” means a licence granted under this Part;
“marine structure” means a platform or other artificial structure at sea,
20
other than a pipeline;
“remediation notice” means a notice issued under section 91;
“stop notice” means a notice issued under section 102;
“the UK marine licensing area” has the meaning given by section 66(4);
“variable monetary penalty” has the meaning given by section 95(3);
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“vessel” includes—
(a)
hovercraft, and
(b)
any other craft capable of travelling on, in or under water,
whether or not self-propelled.
(2)
In this Part any reference to the environment includes a reference to any site
30
(including any site comprising, or comprising the remains of, any vessel,
aircraft or marine structure) which is of historic or archaeological interest.
Part 5
Nature conservation
Chapter 1
35
Marine conservation zones
Designation of zones
116
Marine conservation zones
(1)
The appropriate authority may by order designate any area falling within
subsection (2) as a marine conservation zone (an “MCZ”).
40

Section 117 sets out the grounds on which such an order may be made.
(2)
An area falls within this subsection if—

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
78

(a)
it is an area of the sea within the seaward limits of the territorial sea
adjacent to the United Kingdom;
(b)
it is an area of the sea within the limits of the exclusive economic zone;
(c)
it is an area of the sea bed or subsoil within the limits of the UK sector
of the continental shelf (so far as not falling within an area mentioned
5
in paragraph (b)).
(3)
But an area does not fall within subsection (2) if it is in—
(a)
the Scottish inshore region, or
(b)
the Northern Ireland inshore region.
(4)
Section 118 makes further provision as to the areas that may be included in an
10
MCZ.
(5)
For the purposes of this Chapter the appropriate authority is—
(a)
in relation to an area in Wales, the Welsh Ministers;
(b)
in relation to an area in the Scottish offshore region, the Scottish
Ministers;
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(c)
in any other case, the Secretary of State.
(6)
The Scottish Ministers may not designate any area as an MCZ without the
agreement of the Secretary of State.
(7)
An MCZ designated by the Scottish Ministers under this section is to be known
as a marine protected area.
20

Any reference in this Act to an MCZ is, in relation to an MCZ designated by the
Scottish Ministers, to be read as a reference to a marine protected area.
(8)
Until the coming into force of the first Order in Council made under section 41
(the exclusive economic zone), the reference in subsection (2)(b) to the
exclusive economic zone is to be read as a reference to a renewable energy
25
zone.
117
Grounds for designation of MCZs
(1)
The appropriate authority may make an order under section 116 if it thinks that
it is desirable to do so for the purpose of conserving—
(a)
marine flora or fauna;
30
(b)
marine habitats or types of marine habitat;
(c)
features of geological or geomorphological interest.
(2)
The order must state—
(a)
the protected feature or features;
(b)
the conservation objectives for the MCZ.
35
(3)
Any reference in this Chapter to the conservation objectives stated for an MCZ
is a reference to the conservation objectives stated for the MCZ under
subsection (2)(b).
(4)
The reference in subsection (1)(a) to conserving marine flora or fauna includes,
in particular, a reference to conserving any species that is rare or threatened
40
because of—
(a)
the limited number of individuals of that species, or
(b)
the limited number of locations in which that species is present.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(5)
The references in subsection (1)(a) and (b) to conserving marine flora or fauna
or habitat include references to conserving the diversity of such flora, fauna or
habitat, whether or not any or all of them are rare or threatened.
(6)
Any reference to conserving a thing includes references to—
(a)
assisting in its conservation;
5
(b)
enabling or facilitating its recovery or increase.
(7)
In considering whether it is desirable to designate an area as an MCZ, the
appropriate authority may have regard to any economic or social
consequences of doing so.
(8)
The reference in subsection (7) to any social consequences of designating an
10
area as an MCZ includes a reference to any consequences of doing so for any
sites in that area (including any sites comprising, or comprising the remains of,
any vessel, aircraft or marine installation) which are of historic or
archaeological interest.
118
Further provision as to orders designating MCZs
15
(1)
An order under section 116 must identify the boundaries of the area
designated.
(2)
The boundary of an MCZ may be determined by, or by reference to, mean high
water spring tide.
(3)
Any reference in subsection (2)(a) or (b) of section 116 to an area of sea includes
20
a reference to any island in the sea, whether or not any part of it lies above
mean high water spring tide.
(4)
If an MCZ includes an area falling within subsection (2)(a) of section 116 (“area
A”), it may also include an area of the seashore lying above mean high water
spring tide (“area B”) if—
25
(a)
area B adjoins area A, and
(b)
any of the conditions in subsection (5) is satisfied.
(5)
The conditions are—
(a)
that the protected feature or features leading to the designation of area
A is or are also present in area B;
30
(b)
that area A is designated for the purpose of conserving marine 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 boundary
of the MCZ (either in the order designating the area or on the ground
35
for the purposes of exercising functions in relation to it) would be
impossible or impracticable.
(6)
An order under section 116—
(a)
must designate an area of land (whether or not that land is covered by
water), and
40
(b)
in the case of an area falling within subsection (2)(a) or (b) of that
section, may designate some or all of the water covering that land.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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119
Consultation before designation
(1)
Before making an order under section 116, the appropriate authority must
comply with subsections (2) to (9) of this section.

This is subject to subsection (11).
(2)
The appropriate authority must publish notice of its proposal to make the
5
order.
(3)
The notice under subsection (2) must—
(a)
be published in such manner as the appropriate authority thinks is
most likely to bring the proposal to the attention of any persons who
are likely to be affected by the making of the order;
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(b)
contain a statement of the terms of the proposed order.
(4)
The appropriate authority must consult any persons who the appropriate
authority thinks are likely to be interested in, or affected by, the making of the
order.
(5)
Where the appropriate authority is not the Secretary of State, the authority
15
must consult the Secretary of State.
(6)
If the appropriate authority for an area other than Wales considers that—
(a)
the making of the order may affect any activity which is or may be
carried on in the Welsh zone, or
(b)
any activity which is or may be carried on in the Welsh zone may affect
20
any part of the proposed MCZ,

the authority must consult the Welsh Ministers.
(7)
If the appropriate authority for an area other than the Scottish offshore region
considers that—
(a)
the making of the order may affect any activity which is or may be
25
carried on in the Scottish zone, or
(b)
any activity which is or may be carried on in the Scottish zone may
affect any part of the proposed MCZ,

the authority must consult the Scottish Ministers.
(8)
If the appropriate authority considers that—
30
(a)
the making of the order may affect any activity which is or may be
carried on in the Northern Ireland zone, or
(b)
any activity which is or may be carried on in the Northern Ireland zone
may affect any part of the proposed MCZ,

the authority must consult the Department of the Environment in Northern
35
Ireland.
(9)
The Secretary of State must consult—
(a)
the Welsh Ministers, if any part of the proposed MCZ lies in the Welsh
offshore region;
(b)
the Department of the Environment in Northern Ireland, if any part of
40
the proposed MCZ lies in the Northern Ireland zone.
(10)
If the appropriate authority fails to make the order before the end of the period
of 12 months beginning with the date on which notice was published under
subsection (2), then anything done by the appropriate authority for the
purposes of complying with subsections (2) to (9) of this section is, for those
45
purposes, to be treated as not having been done.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(11)
In a case where the appropriate authority thinks that there is an urgent need to
protect the area proposed to be designated, the authority need not comply with
subsections (2) to (4).
(12)
In such a case, the order designating the area as an MCZ remains in force for a
period not exceeding two years, unless the appropriate authority makes a
5
further order before the end of that period confirming the designation.

Before making such an order, the appropriate authority must comply with
subsections (2) to (9) (and subsection (10) applies accordingly).
120
Publication of orders designating MCZs
(1)
This section applies where an order has been made under section 116.
10
(2)
The appropriate authority must publish notice of the making of the order.
(3)
The notice under subsection (2) must—
(a)
be published in such manner as the appropriate authority thinks is
most likely to bring the order to the attention of any persons who are
likely to be affected by the making of it;
15
(b)
give an address at which a copy of the order may be inspected.
(4)
The appropriate authority must—
(a)
make a copy of the order available for inspection at the address
specified under subsection (3)(b) at all reasonable hours without
payment;
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(b)
provide a copy of the order to any person who requests one.
(5)
The appropriate authority may charge a fee, not exceeding its costs, for
providing a copy under subsection (4)(b).
121
Hearings by appropriate authority
(1)
This section applies where the appropriate authority has the function of
25
deciding whether to make an order under section 116 designating an area as an
MCZ.
(2)
The authority may, before making that decision, give to any person the
opportunity of—
(a)
appearing before and being heard by a person appointed for that
30
purpose;
(b)
providing written representations to such a person.
(3)
The authority may make regulations providing for the procedure to be
followed (including decisions as to costs) at hearings held under subsection (2).
(4)
A person appointed under subsection (2) must make a report to the authority
35
of any oral or written representations made under that subsection.
122
Amendment, revocation and review of orders designating MCZs
(1)
An order under section 116 may be amended or revoked by a further order.
(2)
The appropriate authority for an area must review any order it has made under
section 116 if the authority receives representations from—
40
(a)
the appropriate authority for another area, or

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(b)
the Department of the Environment in Northern Ireland,

that the order should be amended or revoked.
Duties relating to network
123
Creation of network of conservation sites
(1)
In order to contribute to the achievement of the objective in subsection (2), the
5
appropriate authority must designate MCZs under section 116.
(2)
The objective is that the MCZs designated by the appropriate authority, taken
together with any other MCZs designated under section 116 and any relevant
conservation sites in the UK marine area, form a network which satisfies the
conditions in subsection (3).
10
(3)
The conditions are—
(a)
that the network contributes to the conservation or improvement of the
marine environment in the UK marine area;
(b)
that the features which are protected by the sites comprised in the
network represent the range of features present in the UK marine area;
15
(c)
that the designation of sites comprised in the network reflects the fact
that the conservation of a feature may require the designation of more
than one site.
(4)
For the purposes of subsection (2), the following are “relevant conservation
sites”—
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(a)
any European marine site;
(b)
the whole or part of any SSSI;
(c)
the whole or part of any Ramsar site.
(5)
When complying with the duty imposed by subsection (1), the appropriate
authority must have regard to any obligations under EU or international law
25
that relate to the conservation or improvement of the marine environment.
(6)
Before the end of the period of 2 months beginning with the date on which this
section comes into force, the appropriate authority must—
(a)
prepare a statement setting out such principles relating to the
achievement of the objective in subsection (2) as the authority intends
30
to follow when complying with the duty imposed by subsection (1),
and
(b)
lay a copy of the statement before the appropriate legislature.
(7)
A statement prepared by the appropriate authority under this section may also
set out other matters relating to the achievement of that objective which the
35
authority intends to take into account when complying with the duty imposed
by subsection (1).
(8)
The appropriate authority must—
(a)
keep under review any statement it has prepared under this section,
and
40
(b)
if it considers it appropriate in consequence of a review, prepare a
revised statement of the principles referred to in subsection (6) and lay
a copy of it before the appropriate legislature.
(9)
In this section—

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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“the appropriate legislature” means—
(a)
in relation to the Secretary of State, Parliament;
(b)
in relation to the Welsh Ministers, the National Assembly for
Wales;
(c)
in relation to the Scottish Ministers, the Scottish Parliament;
5
“European marine site” means any site which is—
(a)
a European marine site within the meaning of the Conservation
(Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716), or
(b)
a European offshore marine site within the meaning of the
Offshore Marine Conservation (Natural Habitats, &c)
10
Regulations 2007 (S.I. 2007/1842);
“feature” means anything falling within paragraphs (a) to (c) of section
117(1);
“Ramsar site” has the same meaning as in section 37A of the Wildlife and
Countryside Act 1981 (c. 69);
15
“SSSI” means a site of special scientific interest, within the meaning of Part
2 of that Act.
124
Report
(1)
Before the end of every relevant period, the appropriate authority must lay
before the appropriate legislature a report setting out—
20
(a)
the extent to which, in the opinion of the authority, the objective in
section 123(2) has been achieved;
(b)
any further steps which, in the opinion of the authority, are required to
be taken in order to contribute to the achievement of that objective.
(2)
The report must also contain the following information—
25
(a)
the number of MCZs which the authority has designated during the
relevant period;
(b)
in relation to each such MCZ—
(i)
the size of the MCZ, and
(ii)
the conservation objectives which have been stated for the
30
MCZ;
(c)
the number of MCZs designated by the authority in which the
following activities are prohibited or significantly restricted—
(i)
any licensable marine activity;
(ii)
fishing for or taking animals or plants from the sea;
35
(d)
information about any amendments which the authority has made to
any orders made under section 116;
(e)
the extent to which, in the opinion of the authority, the conservation
objectives stated for each MCZ which it has designated have been
achieved;
40
(f)
any further steps which, in the opinion of the authority, are required to
be taken in relation to any MCZ in order to achieve the conservation
objectives stated for it.
(3)
For the purposes of complying with its duty under this section, the appropriate
authority for any area may direct the appropriate statutory conservation body
45
for that area to carry out such monitoring of MCZs in that area as is specified
in the direction.