X137 Byelaws for protection of marine nature reserves.E+W+S
(1)[F1the appropriate conservation body] may, with the consent of the Secretary of State make byelaws for the protection of any area designated as a marine nature reserve under section 36.
(2)Without prejudice to the generality of subsection (1), byelaws made under this section as respects a marine nature reserve—
(a)may provide for prohibiting or restricting, either absolutely or subject to any exceptions—
(i)the entry into, or movement within, the reserve of persons and vessels;
(ii)the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the reserve, or the doing of anything therein which will interfere with the sea bed or damage or disturb any object in the reserve; or
(iii)the depositing of rubbish in the reserve;
(b)may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, of permits authorising entry into the reserve or the doing of anything which would otherwise be unlawful under the byelaws; and
(c)may be so made as to apply either generally or with respect to particular parts of the reserve or particular times of the year.
(3)Nothing in byelaws made under this section shall—
(a)prohibit or restrict the exercise of any right of passage by a vessel other than a pleasure boat; or
(b)prohibit, except with respect to particular parts of the reserve at particular times of the year, the exercise of any such right by a pleasure boat.
(4)Nothing in byelaws so made shall make unlawful—
(a)anything done for the purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving life;
(b)the discharge of any substance from a vessel; or
(c)anything done more than 30 metres below the sea bed.
(5)Sections 236 to 238 of the M1Local Government Act 1972 or sections 202 to 204 of the M2Local Government (Scotland) Act 1973 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding the amount there specified and provide for the proof of byelaws in legal proceedings) shall apply to byelaws under this section as if [F1the appropriate conservation body] were a local authority within the meaning of the said Act of 1972 or the said Act of 1973, so however that in relation to such byelaws the said sections shall apply subject to such modifications (including modifications increasing the maximum fines which the byelaws may impose) as may be prescribed by regulations made by the Secretary of State.
Regulations under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6)In relation to byelaws under this section the confirming authority for the purposes of the said section 236 or the said section 202 shall be the Secretary of State.
(7)The Secretary of State may, after consultation with [F1the appropriate conservation body] , direct them—
(a)to revoke any byelaws previously made under this section; or
(b)to make any such amendments of any byelaws so made as may be specified in the direction.
(8)[F1the appropriate conservation body] shall have power to enforce byelaws made under this section; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.
(9)Proceedings in England and Wales for an offence under byelaws made under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than [F1the appropriate conservation body] .
(10)In this section “vessel” includes a hovercraft and any aircraft capable of landing on water and “pleasure boat” shall be construed accordingly.
(11)References in this section to animals or plants of any description include references to eggs, seeds, spores, larvae or other immature stages of animals or plants of that description.
Editorial Information
X1The insertion of the new cross-heading "Nature reserves, marine nature reserves and Ramsar sites" in Part II on 1.10.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.
Textual Amendments
F1Words in s. 37 substituted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 35; S.I. 2006/2541, art. 2
Marginal Citations