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
88

Byelaws for protection of MCZs etc: England
129
Byelaws for protection of MCZs in England
(1)
The MMO may make one or more byelaws for the purpose of furthering the
conservation objectives stated for an MCZ in England.
(2)
A byelaw under this section may be made so as to apply to any area in England.
5
(3)
The provision that may be made by a byelaw under this section includes, in
particular, provision—
(a)
prohibiting or restricting entry into, or any movement or other activity
within, the MCZ by persons or animals;
(b)
prohibiting or restricting entry into, or any movement or other activity
10
within, the MCZ by vessels or (where appropriate) vehicles;
(c)
restricting the speed at which any vessel may move in the MCZ or in
any specified area outside the MCZ where that movement might
hinder the conservation objectives stated for the MCZ;
(d)
prohibiting or restricting the anchoring of any vessel within the MCZ;
15
(e)
prohibiting or restricting the killing, taking, destruction, molestation or
disturbance of animals or plants of any description in the MCZ;
(f)
prohibiting or restricting the doing of anything in the MCZ which
would interfere with the sea bed or damage or disturb any object in the
MCZ.
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(4)
The provision that may be made by a byelaw under this section also includes
provision prohibiting or restricting entry into, or any movement or other
activity on, any part of the seashore that adjoins the MCZ by persons, animals
or vehicles.
(5)
A byelaw under this section may provide for the MMO to issue permits
25
authorising anything which would, apart from such a permit, be unlawful
under the byelaw.
(6)
The MMO may attach to a permit under subsection (5) any condition which the
MMO thinks appropriate to attach to that permit.
(7)
A byelaw under this section may be made subject to specified exceptions.
30
(8)
A byelaw under this section may make different provision for different cases,
including (in particular)—
(a)
different parts of the MCZ;
(b)
different times of the year;
(c)
different means or methods of carrying out any activity.
35
(9)
In this section “specified” means specified in the byelaw.
130
Byelaws: procedure
(1)
Before making a byelaw under section 129, the MMO must comply with
subsections (2) to (7) of this section.

This is subject to subsection (11).
40
(2)
If the byelaw would or might affect any activity in Wales, the MMO must send
a copy of a draft of the byelaw to the Welsh Ministers.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
89

(3)
The MMO must place a copy of a draft of the byelaw in such place or places as
the MMO thinks is or are likely to be most convenient for the purpose of
enabling the draft to be inspected by persons likely to be affected by the
making of the byelaw.
(4)
The MMO must provide a copy of a draft of the byelaw to any person who
5
requests one.
(5)
The MMO may charge a fee, not exceeding its costs, for providing a copy under
subsection (4).
(6)
The MMO must publish notice of its proposal to make the byelaw.
(7)
The notice under subsection (6) must—
10
(a)
be published in such manner as the MMO 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 byelaw;
(b)
state where the copy or copies of the draft byelaw have been placed by
the MMO in accordance with subsection (3);
15
(c)
state the time within which representations about the byelaw must be
made to the MMO.
(8)
A byelaw made under section 129 does not have effect until it is confirmed by
the Secretary of State; and a byelaw which is confirmed comes into force—
(a)
on such date as may be determined by the Secretary of State, or
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(b)
if no such date is determined, one month after the date on which it is
confirmed.
(9)
As soon as is reasonably practicable after the confirmation of a byelaw made
under section 129, the MMO must publish notice of the making of the byelaw.
(10)
The notice under subsection (9) must—
25
(a)
be published in such manner as the MMO thinks is most likely to bring
the byelaw to the attention of any persons who are likely to be affected
by the making of it;
(b)
state that a copy of the byelaw may be inspected at the offices of the
MMO.
30
(11)
Nothing in this section applies where the MMO thinks that there is an urgent
need to protect an MCZ.
131
Emergency byelaws
(1)
Where the MMO thinks that there is an urgent need to protect an MCZ, a
byelaw made by it for that purpose has effect without being confirmed by the
35
Secretary of State.
(2)
A byelaw that has effect by virtue of this section (an “emergency byelaw”)—
(a)
comes into force on a date specified in the byelaw, and
(b)
remains in force (unless revoked) for such period, not exceeding 12
months, as is specified in the byelaw.
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(3)
The MMO must publish notice of the making of an emergency byelaw.
(4)
The notice under subsection (3) must—

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
90

(a)
be published in such manner as the MMO thinks is most likely to bring
the byelaw to the attention of any persons who are likely to be affected
by the making of it;
(b)
state that a copy of the byelaw may be inspected at the offices of the
MMO;
5
(c)
state that the Secretary of State has power to revoke the byelaw and that
any person affected by the making of the byelaw may make
representations to the Secretary of State.
(5)
The Secretary of State may revoke an emergency byelaw.
(6)
The MMO must keep under review the need for an emergency byelaw to
10
remain in force.
(7)
The MMO may, by further byelaw, provide that an emergency byelaw is to
remain in force for such period beyond that specified under subsection (2)(b)
as is specified in the further byelaw.
(8)
The MMO may not make a byelaw under subsection (7) unless—
15
(a)
it intends to make a byelaw under section 129 in respect of the MCZ in
accordance with section 130 (“the permanent byelaw”), and
(b)
it has, in respect of the permanent byelaw, complied with section
130(6).
(9)
A period specified under subsection (7) may not exceed 6 months.
20
132
Interim byelaws
(1)
The MMO may make one or more byelaws for the purpose of protecting any
feature in an area in England if the MMO thinks—
(a)
that there are or may be reasons for the Secretary of State to consider
whether to designate the area as an MCZ, and
25
(b)
that there is an urgent need to protect the feature.
(2)
In this Chapter “interim byelaw” means a byelaw made under subsection (1).
(3)
An interim byelaw must contain a description of the boundaries of the area to
which it applies (which must be no greater than is necessary for the purpose of
protecting the feature in question).
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(4)
Subsections (2) to (9) of section 129 apply to an interim byelaw as they apply to
a byelaw made under that section, except that any reference to an MCZ is to be
read as a reference to the area to which the interim byelaw applies.
(5)
An interim byelaw—
(a)
comes into force on a date specified in the byelaw, and
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(b)
remains in force (unless revoked) for such period, not exceeding 12
months, as is specified in the byelaw.
(6)
The MMO must publish notice of the making of an interim byelaw.
(7)
The notice under subsection (6) must—
(a)
be published in such manner as the MMO thinks is most likely to bring
40
the byelaw to the attention of any persons who are likely to be affected
by the making of it;
(b)
state that a copy of the byelaw may be inspected at the offices of the
MMO;

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
91

(c)
state that the Secretary of State has power to revoke the byelaw and that
any person affected by the making of the byelaw may make
representations to the Secretary of State.
(8)
The Secretary of State may revoke an interim byelaw.
(9)
The MMO must keep under review the need for an interim byelaw to remain
5
in force.
(10)
The MMO may by further byelaw extend the period for which an interim
byelaw remains in force; but an interim byelaw may not by virtue of this
subsection remain in force for an aggregate period exceeding 12 months.
(11)
If, while an interim byelaw is in force, the Secretary of State gives notice of a
10
proposal to make an order under section 116 designating any part of the area
in question as an MCZ, the Secretary of State may direct that the interim
byelaw is to remain in force—
(a)
until the Secretary of State has decided whether to make the order
under section 116;
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(b)
if the Secretary of State decides to make such an order, until that order
comes into effect.
(12)
The Secretary of State must publish a direction under subsection (11) in such
manner as the Secretary of State thinks is most likely to bring the direction to
the attention of any persons who are likely to be affected by the making of it.
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(13)
In this section “feature” means any flora, fauna, habitat or feature which could
be a protected feature if the area in question were designated as an MCZ.
133
Further provision as to byelaws
(1)
This section applies to any byelaw made under section 129 or 132.
(2)
A byelaw to which this section applies is to be made under the common seal of
25
the MMO.
(3)
If a byelaw to which this section applies will or may affect any activity in
Wales, the MMO must send a copy of the byelaw to the Welsh Ministers.
(4)
The MMO must—
(a)
make a copy of any byelaw to which this section applies available for
30
inspection at its offices at all reasonable hours without payment;
(b)
provide a copy of any such byelaw to any person who requests one.
(5)
The MMO may charge a fee, not exceeding its costs, for providing a copy under
subsection (4)(b).
(6)
In the case of a byelaw made under section 129 in accordance with section 130,
35
subsections (3) and (4) above apply only after the byelaw has been confirmed
under section 130(8).
(7)
A byelaw to which this section applies may be amended or revoked by a
further byelaw.