Part II Nature Conservation, Countryside and National Parks
Nature reserves, marine nature reserves and Ramsar sites
35AF2F1Power to call in subtidal declarations
1
This section applies where—
a
the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and
b
the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).
2
The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.
3
At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.
4
If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).
5
The ministerial authority may direct—
a
that the reserve (if declared) must include all of the subtidal land;
b
that the reserve (if declared) must not include any of the subtidal land;
c
that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;
d
that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.
6
The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—
a
appearing before and being heard by a person appointed by the ministerial authority for that purpose;
b
providing written representations to such a person.
7
A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.
8
The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).
9
The power to make regulations under subsection (8) is exercisable by statutory instrument.
10
A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
11
A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
In this section “the ministerial authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers.