|
| |
|
(b) | any of the conditions in subsection (1C) is satisfied. |
| |
| |
(a) | that the flora, fauna or features leading to the management of |
| |
area A as a nature reserve is or are also present in area B; |
| |
(b) | that the management of area A as a nature reserve is by |
| 5 |
reason of any flora or fauna which are dependent (wholly or |
| |
in part) on anything which takes place in, or is present in, |
| |
| |
(c) | that, without the inclusion of area B, the identification of the |
| |
boundary of the land declared to be a national nature reserve |
| 10 |
(either in the declaration or on the ground for the purposes of |
| |
exercising functions in relation to it) would be impossible or |
| |
| |
(1D) | The ministerial authority may issue guidance to the appropriate |
| |
conservation body about the exercise of the power conferred by |
| 15 |
subsection (1B) to make a declaration in relation to land lying below |
| |
| |
| “The ministerial authority” has the meaning given by section |
| |
| |
(2) | No declaration under subsection (1) of that section made before the coming |
| 20 |
into force of this paragraph may be questioned in legal proceedings on the |
| |
ground that the area of land to which the declaration relates includes land |
| |
lying below mean low water mark. |
| |
Power to call in subtidal declarations of national nature reserves |
| |
11 | After section 35 of the 1981 Act insert— |
| 25 |
“35A | Power to call in subtidal declarations |
| |
(1) | This section applies where— |
| |
(a) | the appropriate conservation body propose to declare land to |
| |
be a national nature reserve under section 35(1), and |
| |
(b) | the land to which the proposed declaration relates includes, |
| 30 |
by virtue of section 35(1B), land lying below mean low water |
| |
mark (“the subtidal land”). |
| |
(2) | The appropriate conservation body may not declare the reserve |
| |
unless, at least 21 days before doing so, they have given notice of |
| |
their intention to the ministerial authority. |
| 35 |
(3) | At any time before the reserve is declared the ministerial authority |
| |
may give notice to the appropriate conservation body that the |
| |
ministerial authority is considering whether to give a direction |
| |
under subsection (5) regarding the subtidal land. |
| |
(4) | If the ministerial authority gives notice under subsection (3), the |
| 40 |
appropriate conservation body may not declare the reserve until the |
| |
ministerial authority has given a direction under subsection (5). |
| |
(5) | The ministerial authority may direct— |
| |
(a) | that the reserve (if declared) must include all of the subtidal |
| |
| 45 |
|
| |
|
| |
|
(b) | that the reserve (if declared) must not include any of the |
| |
| |
(c) | that the reserve (if declared) must, or must not, include such |
| |
part of that land as is specified in the direction; |
| |
(d) | that the decision whether the reserve (if declared) should |
| 5 |
include the subtidal land is to be taken by the appropriate |
| |
| |
(6) | The ministerial authority may, before deciding whether to give a |
| |
direction under subsection (5), give to any person the opportunity |
| |
| 10 |
(a) | appearing before and being heard by a person appointed by |
| |
the ministerial authority for that purpose; |
| |
(b) | providing written representations to such a person. |
| |
(7) | A person appointed under subsection (6) must make a report to the |
| |
ministerial authority of any oral or written representations made |
| 15 |
| |
(8) | The ministerial authority may make regulations providing for the |
| |
procedure to be followed (including decisions as to costs) at hearings |
| |
held under subsection (6). |
| |
(9) | The power to make regulations under subsection (8) is exercisable by |
| 20 |
| |
(10) | A statutory instrument containing regulations made under |
| |
subsection (8) by the Secretary of State shall be subject to annulment |
| |
in pursuance of a resolution of either House of Parliament. |
| |
(11) | A statutory instrument containing regulations made under |
| 25 |
subsection (8) by the Welsh Ministers shall be subject to annulment |
| |
in pursuance of a resolution of the National Assembly for Wales. |
| |
(12) | In this section “the ministerial authority” means— |
| |
(a) | in relation to England, the Secretary of State; |
| |
(b) | in relation to Wales, the Welsh Ministers.” |
| 30 |
| |
| |
Inshore fisheries and conservation authorities: amendments |
| |
Coast Protection Act 1949 (c. 74) |
| |
1 | The Coast Protection Act 1949 is amended as follows. |
| |
2 | In section 2 (constitution of coast protection boards)— |
| 35 |
(a) | in subsection (2)(b), after “fishery board,” insert “inshore fisheries |
| |
and conservation authority,”; |
| |
(b) | in subsection (8)(a), after “(other than the Tweed Commissioners)” |
| |
insert “, inshore fisheries and conservation authority”. |
| |
3 | In section 45 (service of notices and other documents), in subsection (1)(b), |
| 40 |
after “fishery board,” insert “inshore fisheries and conservation authority,”. |
| |
|
| |
|
| |
|
4 | In section 49(1) (interpretation) after the definition of “functions” insert— |
| |
““inshore fisheries and conservation authority” means the |
| |
authority for an inshore fisheries and conservation district |
| |
established under section 149 of the Marine and Coastal |
| |
| 5 |
5 | In Part 1 of the First Schedule (general provisions concerning procedure for |
| |
making orders, etc), in paragraph 1(b), after “fishery board,” insert “inshore |
| |
fisheries and conservation authority,”. |
| |
Nuclear Installations Act 1965 (c. 57) |
| |
6 | In section 3 of the Nuclear Installations Act 1965 (grant and variation of |
| 10 |
nuclear site licences), in subsection (3), after paragraph (b) insert— |
| |
“(ba) | any inshore fisheries and conservation authority;”. |
| |
Sea Fish (Conservation) Act 1967 (c. 84) |
| |
7 | In section 3 of the Sea Fish (Conservation) Act 1967 (regulation of nets and |
| |
other fishing gear), in subsection (7), before “or in any regulation made” |
| 15 |
insert “or in any byelaw made under section 155 of the Marine and Coastal |
| |
| |
Prevention of Oil Pollution Act 1971 (c. 60) |
| |
8 | In section 19 of the Prevention of Oil Pollution Act 1971 (prosecutions) after |
| |
| 20 |
“(5A) | If an inshore fisheries and conservation authority for a district |
| |
established under section 149 of the Marine and Coastal Access Act |
| |
2009, or any inshore fisheries and conservation officer appointed by |
| |
the authority under section 165 of that Act, is authorised in that |
| |
behalf under subsection (1) of this section, the authority may |
| 25 |
institute proceedings for any offence under this Act committed |
| |
| |
Local Government Act 1974 (c. 7) |
| |
9 | In section 31A of the Local Government Act 1974 (consideration of adverse |
| |
reports), in subsection (3)— |
| 30 |
(a) | after paragraph (a) insert— |
| |
“(aa) | an inshore fisheries and conservation authority for a |
| |
district established under section 149 of the Marine |
| |
and Coastal Access Act 2009,”; |
| |
(b) | after “that committee” insert “, authority”. |
| 35 |
Fisheries Act 1981 (c. 29) |
| |
10 | In Part 1 of Schedule 4 to the Fisheries Act 1981 (exemptions for fish farming: |
| |
offences to which section 33(1) applies), after paragraph 17A (inserted by the |
| |
Inshore Fishing (Scotland) Act 1984 (c. 26)) insert— |
| |
“17B. | Any offence under section 163 of the Marine and Coastal Access |
| 40 |
Act 2009 (contravention of byelaws made by inshore fisheries and |
| |
conservation authorities).” |
| |
|
| |
|
| |
|
Wildlife and Countryside Act 1981 (c. 69) |
| |
11 | In section 27(1) of the Wildlife and Countryside Act 1981 (interpretation of |
| |
| |
(a) | in paragraph (c) of the definition of “authorised person”, after “the |
| |
Salmon Fisheries (Scotland) Act 1862” insert “or an inshore fisheries |
| 5 |
and conservation authority”; |
| |
(b) | after the definition of “inland waters” insert— |
| |
““inshore fisheries and conservation authority” means |
| |
the authority for an inshore fisheries and |
| |
conservation district established under section 149 of |
| 10 |
the Marine and Coastal Access Act 2009;”. |
| |
Local Government and Housing Act 1989 (c. 42) |
| |
12 | The Local Government and Housing Act 1989 is amended as follows. |
| |
13 (1) | Section 5 (designation and reports of monitoring officer) is amended as |
| |
| 15 |
(2) | After subsection (3) insert— |
| |
“(3A) | The references in subsection (2) above, in relation to a relevant |
| |
authority in England, to a committee or sub-committee of the |
| |
authority and to a joint committee on which they are represented |
| |
shall be taken to include references to— |
| 20 |
(a) | any inshore fisheries and conservation authority (“IFC |
| |
authority”) the members of which include persons who are |
| |
members of the relevant authority, and |
| |
(b) | any sub-committee appointed by such an authority; |
| |
| but in relation to any such IFC authority or sub-committee the |
| 25 |
reference in subsection (3)(b) above to each member of the authority |
| |
shall have effect as a reference to each member of the IFC authority |
| |
or, as the case may be, of the IFC authority which appointed the sub- |
| |
| |
(3) | In subsection (5), after “a relevant authority” insert “and of any IFC authority |
| 30 |
falling within paragraph (a) of subsection (3A) above”. |
| |
(4) | In subsection (8), after the definition of “chief finance officer” insert— |
| |
““inshore fisheries and conservation authority” means the |
| |
authority for an inshore fisheries and conservation district |
| |
established under section 149 of the Marine and Coastal |
| 35 |
| |
14 | In section 13 (voting rights of members of certain committees), in subsection |
| |
(4), after paragraph (f) insert— |
| |
“(fa) | an inshore fisheries and conservation authority for a district |
| |
established under section 149 of the Marine and Coastal |
| 40 |
| |
15 | In paragraph 2(1) of Schedule 1 (political balance on local authority |
| |
committees etc) after paragraph (bb) insert— |
| |
“(bc) | an inshore fisheries and conservation authority for a |
| |
district established under section 149 of the Marine and |
| 45 |
Coastal Access Act 2009;”. |
| |
|
| |
|
| |
|
Radioactive Substances Act 1993 (c. 12) |
| |
16 | The Radioactive Substances Act 1993 is amended as follows. |
| |
17 | In section 47(1) (general interpretation provisions), in the definition of |
| |
“relevant water body”, after “sewerage undertaker” insert “or an inshore |
| |
fisheries and conservation authority”. |
| 5 |
18 | In Schedule 3 (enactments to which section 40 applies), after paragraph 10 |
| |
| |
“10A | Section 155 of the Marine and Coastal Access Act 2009.”. |
| |
Freedom of Information Act 2000 (c. 36) |
| |
19 | In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local |
| 10 |
government bodies which are public authorities), after paragraph 35A |
| |
| |
“35B | An inshore fisheries and conservation authority for a district |
| |
established under section 149 of the Marine and Coastal Access |
| |
| 15 |
Natural Environment and Rural Communities Act 2006 (c. 16) |
| |
20 | In Schedule 7 to the Natural Environment and Rural Communities Act 2006 |
| |
(designated bodies), after paragraph 1 insert— |
| |
“1A | An inshore fisheries and conservation authority for a district |
| |
established under section 149 of the Marine and Coastal Access |
| 20 |
| |
| |
| |
Sea Fish (Conservation) Act 1967: minor and consequential amendments |
| |
Sea Fish (Conservation) Act 1967 (c. 84) |
| |
1 (1) | Section 1 (size limits, etc for fish) is amended as follows. |
| 25 |
| |
(a) | for “Different sizes” substitute “Different requirements as to size”; |
| |
(b) | for “different sizes” substitute “different requirements as to size”. |
| |
| |
(a) | for “a size” substitute “requirements as to size”; |
| 30 |
(b) | for the words from “if the part” to the end substitute “if the part does |
| |
not meet the requirements as to size so prescribed.” |
| |
| |
(a) | for “a relevant British fishing boat or a Scottish fishing boat” |
| |
substitute “a relevant British vessel, a Scottish fishing boat or a |
| 35 |
Northern Ireland fishing boat”; |
| |
(b) | for “foreign fishing boat” substitute “foreign vessel”. |
| |
|
| |
|
| |
|
2 (1) | Section 3 (regulation of nets and other fishing gear) is amended as follows. |
| |
(2) | In subsection (3)(c), after “classes of fishing boats,” insert “or particular |
| |
persons or persons of a particular description,”. |
| |
(3) | In subsection (7), after “carrying” (in each place where it occurs) insert “or |
| |
| 5 |
3 (1) | Section 5 (power to restrict fishing for sea fish) is amended as follows. |
| |
(2) | In subsection (2), for the words after “different provision” substitute “for |
| |
| |
(3) | In subsection (5), after “prohibition” insert “or restriction”. |
| |
| 10 |
(a) | after “is made” insert “by virtue of paragraph (a) of subsection (1) |
| |
| |
(b) | for “any fishing operations conducted” substitute “fishing”; |
| |
(c) | for the words from “are taken” to “applies” substitute “are caught by |
| |
a person, or taken on board a fishing boat, in contravention of the |
| 15 |
| |
(5) | After subsection (6) insert— |
| |
“(6A) | A person who does not comply with subsection (6) above shall be |
| |
guilty of an offence under that subsection.” |
| |
4 | In section 11 (penalties for offences), in subsection (3), for “subsection (5)” |
| 20 |
substitute “subsection (4)”. |
| |
Fisheries Act 1981 (c. 29) |
| |
5 (1) | Schedule 4 (exemptions for fish farming) is amended as follows. |
| |
(2) | In Part 1 (offences to which section 33(1) applies)— |
| |
(a) | in paragraph 12, for “smaller than prescribed size” substitute “which |
| 25 |
do not meet prescribed size requirements”; |
| |
(b) | in paragraph 13, after “section 3(5)” insert “or (5A)”; |
| |
(c) | in paragraph 16, after “prohibiting” insert “or restricting”. |
| |
(3) | In Part 2 (offences to which section 33(5) applies), in paragraph 33— |
| |
(a) | for “the Sea Fisheries (Conservation) Act 1967” substitute “the Sea |
| 30 |
Fish (Conservation) Act 1967”; |
| |
(b) | for “smaller than the prescribed size” substitute “which do not meet |
| |
prescribed size requirements”. |
| |
|
| |
|