Part 5Marine protection and enhancement: the Scottish marine protection area

Marine conservation orders

I186Example provisions for marine conservation orders

1

The provision that may be made by a marine conservation order includes provision prohibiting, restricting or regulating—

a

entry into or movement, activity or works in the area protected by the order (“the protected area”) by a—

i

person,

ii

animal,

iii

vessel (or a specified type of vessel), or

iv

vehicle or thing (or a specified type of vehicle or thing),

b

the anchoring of any vessel (or types of vessel) within the protected area (including the fixing of moorings or anchors to the seabed),

c

the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the protected area,

d

the removal of all or part of any thing (or category of things) from the protected area, including in particular all or part of a marine historic asset,

e

the depositing (by any means) of anything in a protected area,

f

the doing of anything in the protected area which, in the opinion of the Scottish Ministers, may—

i

interfere with or damage the seabed,

ii

damage or disturb any object in the protected area (including a marine historic asset),

iii

otherwise cause harm to the protected area.

2

The provision that may be made may also—

a

restrict the speed at which any vessel or vehicle may move in the protected area or in any specified area outside the protected area where that movement might hinder—

i

where the protected area is a Nature Conservation MPA, the stated conservation objectives for it,

ii

where the protected area is a Demonstration and Research MPA, a stated purpose for it,

iii

where the protected area is a Historic MPA, the stated preservation objectives for it,

iv

where the protected area is a European marine site, the conservation objectives for it,

b

include provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the protected area by persons, animals or vehicles.

3

For the purposes of subsection (1)(a), the reference to works or activities includes reference to—

a

the use of equipment (or types of equipment),

b

surveying or exploring a site (whether or not by intrusive methods),

c

fixing or attaching anything to the seabed or (if appropriate) the seashore.