Marine and Coastal Access Act 2009

Section 146

Schedule 11 Consequential amendments relating to MCZs

Conservation of Seals Act 1970 (c. 30)

1 In section 10 of the Conservation of Seals Act 1970 (power to grant licences) in subsection (4)(d) for “a marine nature reserve under section 36 of that Act” substitute “a marine conservation zone under section 116 of the Marine and Coastal Access Act 2009”.

Wildlife and Countryside Act 1981 (c. 69)

2 (1) The Wildlife and Countryside Act 1981 is amended as follows.

(2) The following provisions are omitted—

(a) sections 36 and 37;

(b) Schedule 12.

(3) In consequence of sub-paragraph (2), in the italic cross-heading preceding section 34A, the words “marine nature reserves” are omitted.

Water Resources Act 1991 (c. 57)

3 In paragraph 5 of Schedule 25 to the Water Resources Act 1991 (powers of the Environment Agency to make byelaws for flood defence and drainage purposes) in sub-paragraph (4) for the words from “the operation of” to the end of that sub-paragraph substitute “the operation of—

(a) any byelaw made by a navigation authority, harbour authority or conservancy authority;

(b) any byelaw made under section 129 or 132 of the Marine and Coastal Access Act 2009 (byelaws for protecting marine conservation zones in England);

(c) any order made under section 134 or 136 of that Act (orders for protecting marine conservation zones in Wales).”

Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)

4 (1) For regulation 36 of the Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716) (byelaws for protection of European marine sites) substitute—

“36 Protection of European marine sites

(1) The MMO may make byelaws for the protection of a European marine site in England under section 129 of the Marine and Coastal Access Act 2009 (byelaws for protection of marine conservation zones).

(2) The Welsh Ministers may make orders for the protection of a European marine site in Wales under section 134 of that Act (orders for protection of marine conservation zones).

(3) The provisions of Chapter 1 of Part 5 of that Act relating to byelaws under section 129 or orders under section 134 apply, with the modifications described in paragraph (4) of this regulation, in relation to byelaws made by virtue of paragraph (1) of this regulation or (as the case may be) orders made by virtue of paragraph (2) of this regulation.

(4) The modifications are—

(a) any reference to an MCZ is to be read as a reference to a European marine site;

(b) in sections 129(1) and 134(1), the reference to furthering the conservation objectives of an MCZ is to be read as a reference to protecting a European marine site;

(c) the reference in section 129(3)(c) to hindering the conservation objectives stated for an MCZ is to be read as a reference to damaging a European marine site.

(5) Nothing in byelaws or orders made by virtue of this regulation shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).”

(2) The amendment by this paragraph of a provision contained in subordinate legislation is without prejudice to any power to amend that provision by subordinate legislation.