Marine and Coastal Access Bill [HL]

House of Lords

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
79

(9)
The MMO must keep under review the need for an interim byelaw to remain
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.
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(11)
If, while an interim byelaw is in force, the Secretary of State gives notice of a
proposal to make an order under section 113 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
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under section 113;
(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
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the attention of any persons who are likely to be affected by the making of it.
(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.
129
Further provision as to byelaws
(1)
This section applies to any byelaw made under section 125 or 128.
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(2)
A byelaw to which this section applies is to be made under the common seal of
the MMO.
(3)
The MMO must send a copy of any byelaw to which this section applies to any
person who the MMO thinks is likely to be interested in, or affected by, the
byelaw.
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(4)
If the byelaw will or may affect any activity in Wales, the MMO must send a
copy of the byelaw to the Welsh Ministers.
(5)
The MMO must—
(a)
make a copy of any byelaw to which this section applies available for
inspection at its offices at all reasonable hours without payment;
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(b)
provide a copy of any such byelaw to any person who requests one.
(6)
The MMO may charge a fee, not exceeding its costs, for providing a copy under
subsection (5)(b).
(7)
In the case of a byelaw made under section 125 in accordance with section 126,
subsections (3) to (5) above apply only after the byelaw has been confirmed
35
under section 126(9).
(8)
A byelaw to which this section applies may be amended or revoked by a
further byelaw.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
80

Orders for protection of MCZs etc: Wales
130
Orders for protection of MCZs in Wales
(1)
The Welsh Ministers may make one or more orders for the purpose of
furthering the conservation objectives stated for an MCZ in Wales.
(2)
An order under this section may be made so as to apply to any area in Wales.
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(3)
Subsections (3), (4) and (7) to (9) of section 125 apply in relation to a order
under this section as they apply in relation to a byelaw under that section.
(4)
An order under this section may provide for the Welsh Ministers to issue
permits authorising anything which would, apart from such a permit, be
unlawful under the order.
10
(5)
The Welsh Ministers may attach to a permit under subsection (4) any condition
which the Welsh Ministers think appropriate to attach to that permit.
(6)
An order under this section may be made in respect of more than one MCZ;
and in relation to any order so made any reference in this section (or in section
125 as applied by this section) to the MCZ is a reference to any or all of the
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MCZs in respect of which the order is made.
131
Consultation etc regarding orders under section 130
(1)
Before making an order under section 130, the Welsh Ministers must consult—
(a)
the Secretary of State, and
(b)
any other person whom they think fit to consult.
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(2)
Where the Welsh Ministers think that there is an urgent need to make an order
under section 130 in order to protect an MCZ—
(a)
subsection (1) does not apply, and
(b)
the Welsh Ministers must comply with subsections (3) and (4).
(3)
The Welsh Ministers must publish notice of the making of the order.
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(4)
The notice under subsection (3) must—
(a)
be published in such manner as the Welsh Ministers think is most likely
to bring the order to the attention of any persons who are likely to be
affected by the making of it;
(b)
give an address at which a copy of the order may be inspected;
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(c)
state that any person affected by the making of the order may make
representations to the Welsh Ministers.
132
Interim orders
(1)
The Welsh Ministers may make one or more orders for the purpose of
protecting any feature in an area in Wales if they think—
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(a)
that there are or may be reasons to consider whether to designate the
area as an MCZ, and
(b)
that there is an urgent need to protect the feature.
(2)
In this Chapter “interim order” means an order under subsection (1).

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
81

(3)
An interim order 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).
(4)
Subsections (2) to (5) of section 130 apply to an interim order as they apply to
an order under that section, except that any reference to an MCZ is to be read
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as a reference to the area to which the interim order applies.
(5)
An interim order—
(a)
comes into force on a date specified in the order, and
(b)
remains in force (unless revoked) for such period, not exceeding 12
months, as is specified in the order.
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(6)
The Welsh Ministers must publish notice of the making of an interim order.
(7)
The notice under subsection (6) must—
(a)
be published in such manner as the Welsh Ministers think is most likely
to bring the order to the attention of any persons who are likely to be
affected by the making of it;
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(b)
give an address at which a copy of the order may be inspected;
(c)
state that any person affected by the making of the order may make
representations to the Welsh Ministers.
(8)
The Welsh Ministers must keep under review the need for an interim order to
remain in force.
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(9)
The Welsh Ministers may by further order extend the period for which an
interim order remains in force.
(10)
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 orders made under section 130 or 132
25
(1)
This section applies to any order made under section 130 or 132.
(2)
The Welsh Ministers must send a copy of any order to which this section
applies to—
(a)
the Secretary of State, and
(b)
any person who the Welsh Ministers think is likely to be interested in,
30
or affected by, the order.
(3)
The Welsh Ministers must—
(a)
make a copy of any order to which this section applies available for
inspection at such place as they think fit for that purpose at all
reasonable hours without payment;
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(b)
provide a copy of any such order to any person who requests one.
(4)
Subject to subsection (5), an order to which this section applies may make such
provision amending, modifying or excluding any statutory provision of local
application which has effect in the area to which the order relates as the Welsh
Ministers think is necessary or expedient in consequence of the order.
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(5)
An order to which this section applies may not amend, modify or exclude any
statutory provision of local application which was made by the Secretary of
State unless the Secretary of State consents.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
82

(6)
An order to which this section applies may be amended or revoked by a further
order.
(7)
In this section “statutory provision” means—
(a)
provision of an Act of Parliament, or
(b)
provision of an instrument made under an Act of Parliament.
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Hearings
134
Hearings by Secretary of State or Welsh Ministers
(1)
This section applies where the Secretary of State has the function of—
(a)
deciding (under section 126(9)) whether to confirm a byelaw made
under section 125;
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(b)
deciding (under section 127(5)) whether to revoke an emergency
byelaw;
(c)
deciding (under section 128(8)) whether to revoke an interim byelaw.
(2)
This section also applies where the Welsh Ministers have the function of—
(a)
deciding whether to make an order under section 130;
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(b)
deciding whether to make an interim order under section 132(1).
(3)
The Secretary of State or (as the case may be) the Welsh Ministers may, before
making that decision, give to any person the opportunity of—
(a)
appearing before and being heard by a person appointed for that
purpose;
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(b)
providing written representations to such a person.
(4)
The Secretary of State or (as the case may be) the Welsh Ministers may make
regulations providing for the procedure to be followed (including decisions as
to costs) at hearings held under subsection (3).
(5)
A person appointed under subsection (3) must make a report to the Secretary
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of State or (as the case may be) the Welsh Ministers of any oral or written
representations made under that subsection.
Offences
135
Offence of contravening byelaws or orders
(1)
It is an offence for a person to contravene—
30
(a)
any byelaw made under section 125 or 128(1);
(b)
any order made under section 130 or 132(1).
(2)
A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(3)
In this section “contravene” includes fail to comply.
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(4)
Proceedings for an offence under this section may be taken, and the offence
may for all incidental purposes be treated as having been committed, in any
part of England and Wales.