- Latest available (Revised)
- Point in Time (06/03/1991)
- Original (As enacted)
Version Superseded: 01/04/1996
Point in time view as at 06/03/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Wildlife and Countryside Act 1981, Section 36 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F1which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles], it appears to the Secretary of State expedient, on an application made by the Nature Conservancy Council, that the land and waters covering it should be managed by the Council for the purpose of—
(a)conserving marine flora or fauna or geological or physiographical features of special interest in the area; or
(b)providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,
he may by order designate the area comprising that land and those waters as a marine nature reserve; and the Council shall manage any area so designated for either or both of those purposes.
(2)An application for an order under this section shall be accompanied by—
(a)a copy of the byelaws which, if an order is made, the Council propose making under section 37 for the protection of the area specified in the application; and
(b)a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;
and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by the Council as may be set out in the order with or without modifications.
(3)Byelaws the making of which is so authorised—
(a)shall not require the Secretary of State’s consent under subsection (1) of section 37; and
(b)notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.
(4)The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.
(5)The powers exercisable by the Council for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.
(6)Nothing in this section or in byelaws made under section 37 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).
(7)In this section—
“enactment” includes an enactment contained in a local Act;
“local authority” means—
in relation to England and Wales, a county council, a district council, F2. . . or a London borough council;
in relation to Scotland, a regional council, an islands council or a district council;
[F3 “nautical miles” means international nautical miles of 1,852 metres;]
“relevant authority” means a local authority, [F4a water authority or any other statutory water undertakers,][F4the National Rivers Authority, a water undertaker, a sewerage undertaker,] an internal drainage board, a navigation authority, a harbour authority, F5. . . , a lighthouse authority, a conservancy authority, a river purification board, a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M2Sea Fisheries Regulation Act 1966.
Textual Amendments
F1Words substituted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1)(2), Sch. 1 para. 6(a)
F2Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F3Definition inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1), Sch. 1 para. 6(b)
F4Words commencing “the National Rivers Authority” substituted (E.W.) for words commencing “a water authority” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 66(2), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F5Words repealed by Pilotage Act 1987 (c. 21, SIF 111), s. 32(5), Sch. 3
Modifications etc. (not altering text)
C1S. 36(1): power to extend conferred by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(2)(b)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: