5EEuropean marine sites: power of Welsh Ministers to vary or revoke order under section 1

1

This section applies where—

a

the Welsh Ministers have served a site protection notice on the grantees of an order made under section 1 of this Act,

b

the notice has not been cancelled under section 5B(6) or 5C(5) of this Act, and

c

no appeal under section 5C of this Act is pending.

2

The Welsh Ministers may vary or revoke the order to reflect the effect of the site protection notice.

3

Before making an order by virtue of this section, the Welsh Ministers must consult—

a

any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the area to which the order relates, and

b

any other persons the Welsh Ministers think are likely to be interested in the order or affected by it.

4

For the purposes of subsection (1)(c), an appeal under section 5C is pending if—

a

an appeal under that section (or a further appeal) has been brought and has not been determined or withdrawn, or

b

an appeal under that section (or a further appeal) has not been brought but the period for bringing such an appeal is still running.