Wildlife and Countryside Act 1981

X1 36 Marine nature reserves. E+W

(1) Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F1 which 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 [F2 the appropriate conservation body] , that the land and waters covering it should be managed by [F2 the appropriate conservation body] 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 [F2 the appropriate conservation body] 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, [F2 the appropriate conservation body] 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 [F2 the appropriate conservation body] 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 [F2 the appropriate conservation body] 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—

  (a)

  in relation to England and Wales, a county council, [F3 a county borough council,] a district council, F4 . . . or a London borough council;

  (b)

  in relation to Scotland, a [F5 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• [F6 “nautical miles” means international nautical miles of 1,852 metres;]

• “relevant authority” means a local authority, [F7 the National Rivers Authority, a water undertaker, a sewerage undertaker,] an internal drainage board, a navigation authority, a harbour authority, F8 . . . , a lighthouse authority, a conservancy authority, [F9 the Scottish Environment Protection Agency], a district board for a fishery district within the meaning of the M1 Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M2 Sea Fisheries Regulation Act 1966.

Editorial Information

X1 The 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.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words substituted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1)(2), Sch. 1 para. 6(a)

F2 Words in s. 36 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

F3 Words in s. 36(7) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F5 Words in s. 36(7) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(3); S.I. 1996/323, art. 4(1)(b)(c)

F6 Definition inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1), Sch. 1 para. 6(b)

F7 S. 36(7): Words in definition of "relevant authority" substituted (E.W.) 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

F8 Words repealed by Pilotage Act 1987 (c. 21, SIF 111), s. 32(5), Sch. 3

F9 Words in s. 36(7) substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 6

Modifications etc. (not altering text)

C1 S. 36(1): power to extend conferred by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(2)(b)

Marginal Citations

M1 1862 c. 97.

M2 1966 c. 38.

X2 36 Marine nature reserves. S

(1) Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F10 which 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 [F11 the appropriate conservation body] , that the land and waters covering it should be managed by [F11 the appropriate conservation body] 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 [F11 the appropriate conservation body] 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, [F11 the appropriate conservation body] 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 [F11 the appropriate conservation body] 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 [F11 the appropriate conservation body] 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—

  (a)

  in relation to England and Wales, a county council, [F12 a county borough council,] a district council, F13 . . . or a London borough council;

  (b)

  in relation to Scotland, a [F14 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• [F15 “nautical miles” means international nautical miles of 1,852 metres;]

• “relevant authority” means a local authority, [F16 Scottish Water] or any other statutory water undertakers, an internal drainage board, a navigation authority, a harbour authority, F17 . . . , a lighthouse authority, a conservancy authority, [F18 the Scottish Environment Protection Agency], a district board for a fishery district within the meaning of the M3 Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M4 Sea Fisheries Regulation Act 1966.

Editorial Information

X2 The 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.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F10 Words substituted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1)(2), Sch. 1 para. 6(a)

F11 Words in s. 36 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

F12 Words in s. 36(7) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 65(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F13 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F14 Words in s. 36(7) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 125(3); S.I. 1996/323, art. 4(1)(b)(c)

F15 Definition inserted by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(1), Sch. 1 para. 6(b)

F16 Words "Scottish Water" substituted (S.) (1.4.2002) for the words "a water authority" by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 7 para. 11(3); S.S.I. 2002/118, art. 2(3)

F17 Words repealed by Pilotage Act 1987 (c. 21, SIF 111), s. 32(5), Sch. 3

F18 Words in s. 36(7) substituted (S.) (1.4.1996) by S.I. 1996/973, reg. 2, Sch. para. 6

Modifications etc. (not altering text)

C2 S. 36(1): power to extend conferred by Territorial Sea Act 1987 (c. 49, SIF 29:1), ss. 1(5), 3(2)(b)

Marginal Citations

M3 1862 c. 97.

M4 1966 c. 38.