Marine and Coastal Access Bill [HL]

House of Lords

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
72

“feature” means anything falling within paragraphs (a) to (c) of section
114(1).
120
Report
(1)
Before the end of every relevant period, the appropriate authority must lay
before the appropriate legislature a report setting out—
5
(a)
the extent to which, in the opinion of the authority, the objective in
section 119(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—
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(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
15
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;
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(d)
information about any amendments which the authority has made to
any orders made under section 113;
(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;
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(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
30
for that area to carry out such monitoring of MCZs in that area as is specified
in the direction.
(4)
A body that is given a direction under subsection (3) must comply with it.
(5)
In this section—
“the appropriate legislature” means—
35
(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;
“licensable marine activity” has the same meaning as in Part 4;
40
“relevant period” means—
(a)
the period beginning on the date on which this section comes
into force and ending on 31 December 2012;
(b)
each subsequent period of six years.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
73

Duties of public authorities
121
General duties of public authorities in relation to MCZs
(1)
This section applies to any public authority having any function the exercise of
which is capable of affecting (other than insignificantly)—
(a)
the protected features of an MCZ;
5
(b)
any ecological or geomorphological process on which the conservation
of any protected feature of an MCZ is (wholly or in part) dependent.
(2)
Every public authority to which this section applies must (so far as is consistent
with their proper exercise)—
(a)
exercise its functions in the manner which the authority considers best
10
furthers the conservation objectives stated for the MCZ;
(b)
where it is not possible to exercise its functions in a manner which
furthers those objectives, exercise them in the manner which the
authority considers least hinders the achievement of those objectives.
(3)
If a public authority considers that the exercise of any of its functions would or
15
might significantly hinder the achievement of the conservation objectives for
an MCZ, it must inform the appropriate statutory conservation body of that
fact.
(4)
If a public authority considers that a relevant event has occurred, it must
inform—
20
(a)
the relevant authority, and
(b)
the appropriate statutory conservation body,

of that fact.
(5)
A “relevant event” is any act or omission—
(a)
in relation to which the public authority exercises functions,
25
(b)
which the authority believes to be an offence, and
(c)
which the authority considers will or may significantly hinder the
achievement of the conservation objectives for an MCZ.
(6)
For the purposes of subsection (4) “relevant authority” means—
(a)
in relation to an MCZ in Wales, the Welsh Ministers;
30
(b)
in relation to an MCZ in the Scottish offshore region, the Scottish
Ministers;
(c)
in relation to any other MCZ, the MMO.
(7)
In carrying out its duties under this section a public authority must have
regard to any advice or guidance given by the appropriate statutory
35
conservation body under section 123.
(8)
In this section “public authority” does not include a Northern Ireland Minister
or Northern Ireland department.
122
Duties of public authorities in relation to certain decisions
(1)
This section applies where—
40
(a)
a public authority has the function of determining an application
(whenever made) for authorisation of the doing of an act, and
(b)
the act is capable of affecting (other than insignificantly)—

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
74

(i)
the protected features of an MCZ;
(ii)
any ecological or geomorphological process on which the
conservation of any protected feature of an MCZ is (wholly or
in part) dependent.
(2)
If the authority believes that there is or may be a significant risk of the act
5
hindering the achievement of the conservation objectives stated for the MCZ,
the authority must notify the appropriate statutory conservation body of that
fact.
(3)
Where the authority has given notification under subsection (2), it must wait
until the expiry of the period of 28 days beginning with the date of the
10
notification before deciding whether to grant authorisation for the doing of the
act.
(4)
Subsection (3) does not apply where—
(a)
the appropriate statutory conservation body notifies the authority that
it need not wait until the end of the period referred to in that subsection,
15
or
(b)
the authority thinks that there is an urgent need to grant authorisation
for the doing of the act.
(5)
The authority must not grant authorisation for the doing of the act unless the
condition in subsection (6) or the condition in subsection (7) is met.
20
(6)
The condition in this subsection is that the person seeking the authorisation
satisfies the authority that there is no significant risk of the act hindering the
achievement of the conservation objectives stated for the MCZ.
(7)
The condition in this subsection is that, although the person seeking the
authorisation is not able to satisfy the authority that there is no significant risk
25
of the act hindering the achievement of the conservation objectives stated for
the MCZ, that person satisfies the authority that—
(a)
there is no other means of proceeding with the act which would create
a substantially lower risk of hindering the achievement of those
objectives,
30
(b)
the benefit to the public of proceeding with the act clearly outweighs
the risk of damage to the environment that will be created by
proceeding with it, and
(c)
the person seeking the authorisation will undertake, or make
arrangements for the undertaking of, measures of equivalent
35
environmental benefit to the damage which the act will or is likely to
have in or on the MCZ.
(8)
The reference in subsection (7)(a) to other means of proceeding with an act
includes a reference to proceeding with it—
(a)
in another manner, or
40
(b)
at another location.
(9)
In a case falling within subsection (7), the authority must, if it has power to
grant the authorisation subject to conditions, exercise that power so as to make
it a condition of the authorisation that the measures mentioned in subsection
(7)(c) are undertaken.
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(10)
In carrying out its duties under this section a public authority must have
regard to any advice or guidance given by the appropriate statutory
conservation body under section 123.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(11)
In this section—
“act” includes omission;
“authorisation” means any approval, confirmation, consent, licence,
permission or other authorisation (however described), whether
special or general;
5
“damage” includes the prevention of an improvement;
“public authority” does not include a Northern Ireland Minister or
Northern Ireland department.
123
Advice and guidance by conservation bodies
(1)
The appropriate statutory conservation body may give advice and guidance as
10
to—
(a)
the matters which are capable of damaging or otherwise affecting any
protected feature or features;
(b)
the matters which are capable of affecting any ecological or
geomorphological process on which the conservation of any protected
15
feature or features is (wholly or in part) dependent;
(c)
how any conservation objectives stated for an MCZ may be furthered,
or how the achievement of any such objectives may be hindered;
(d)
how the effect of any activity or activities on an MCZ or MCZs may be
mitigated;
20
(e)
which activities are, or are not, of equivalent environmental benefit (for
the purposes of section 122(7)(c)) to any particular damage to the
environment (within the meaning of that provision).
(2)
Advice or guidance may be given—
(a)
either in relation to a particular MCZ or MCZs or generally;
25
(b)
either to a particular public authority or authorities or generally.
(3)
The appropriate statutory conservation body must give advice to a public
authority if the authority requests it.
(4)
If the appropriate statutory conservation body for an area proposes to exercise
its functions under this section in a manner which may affect an MCZ or MCZs
30
in an area for which another body is the appropriate statutory conservation
body, it must consult that other body before doing so.
124
Failure to comply with duties etc
(1)
This section applies if, in the opinion of the appropriate statutory conservation
body, a public authority has failed—
35
(a)
to comply with the duty imposed by section 121(2) or the duty imposed
by section 122(5);
(b)
to act in accordance with advice or guidance given by the appropriate
statutory conservation body under section 123.
(2)
Where this section applies—
40
(a)
the body may request from the authority an explanation for the failure,
and
(b)
on such a request, the authority must provide such an explanation in
writing.

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Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(3)
In this section “public authority” does not include a Northern Ireland Minister
or Northern Ireland department.
Byelaws for protection of MCZs etc: England
125
Byelaws for protection of MCZs in England
(1)
The MMO may make one or more byelaws for the purpose of furthering the
5
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.
(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
10
within, the MCZ by persons or animals;
(b)
prohibiting or restricting entry into, or any movement or other activity
within, the MCZ by recreational vessels or (where appropriate)
vehicles;
(c)
restricting the speed at which any vessel may move in the MCZ or in
15
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;
(e)
prohibiting or restricting the killing, taking, destruction, molestation or
disturbance of animals or plants of any description in the MCZ;
20
(f)
prohibiting or restricting the doing of anything in the MCZ which will
interfere with the sea bed or damage or disturb any object in the MCZ.
(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
25
or vehicles.
(5)
A byelaw under this section may provide for the MMO to issue permits
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
30
MMO thinks appropriate to attach to that permit.
(7)
A byelaw under this section may be made subject to specified exceptions.
(8)
A byelaw under this section may make different provision for different cases,
including (in particular)—
(a)
different parts of the MCZ;
35
(b)
different times of the year;
(c)
different means or methods of carrying out any activity.
(9)
In this section “specified” means specified in the byelaw.
126
Byelaws: procedure
(1)
Before making a byelaw under section 125, the MMO must comply with
40
subsections (2) to (8).

This is subject to subsection (10).

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Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(2)
The MMO must send a copy of a draft of the byelaw to any person who the
MMO thinks is likely to be interested in, or affected by, the making of the
byelaw.
(3)
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.
5
(4)
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.
(5)
The MMO must provide a copy of a draft of the byelaw to any person who
10
requests one.
(6)
The MMO may charge a fee, not exceeding its costs, for providing a copy under
subsection (5).
(7)
The MMO must publish notice of its proposal to make the byelaw.
(8)
The notice under subsection (7) must—
15
(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 (4);
20
(c)
state the time within which representations about the byelaw must be
made to the MMO.
(9)
A byelaw made under section 125 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
25
(b)
if no such date is determined, one month after the date on which it is
confirmed.
(10)
Nothing in this section applies where the MMO thinks that there is an urgent
need to protect an MCZ.
127
Emergency byelaws
30
(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
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
35
(b)
remains in force (unless revoked) for such period, not exceeding 12
months, as is specified in the byelaw.
(3)
The MMO must publish notice of the making of an emergency byelaw.
(4)
The notice under subsection (3) 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;

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Chapter 1 — Marine conservation zones
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(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
5
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—
10
(a)
it intends to make a byelaw under section 125 in respect of the MCZ in
accordance with section 126 (“the permanent byelaw”), and
(b)
it has, in respect of the permanent byelaw, complied with section
126(7).
(9)
A period specified under subsection (7) may not exceed 6 months.
15
128
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
20
(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).
25
(4)
Subsections (2) to (9) of section 125 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
30
(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
35
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;
(c)
state that the Secretary of State has power to revoke the byelaw and that
40
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.