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Marine and Coastal Access Act 2009

Section 311: Area in which functions of Natural England exercisable

803.This section amends section 1 of the Natural Environment and Rural Communities Act 2006 in order to clarify the area over which Natural England may exercise its functions. Subsection (2) amends subsection (3) of the 2006 Act so that the reference to England includes, where the context requires, the territorial sea adjacent to England (up to 12 nautical miles from baseline). Subsection (3) inserts subsection (3A), which provides that orders defining the boundaries of the territorial sea adjacent to England, where it meets the sea adjacent to Wales and Scotland, apply for the purposes of section 1 of the 2006 Act.

804.Natural England and its predecessor bodies have regularly undertaken research and given advice on relevant marine issues within territorial waters. However, a new formulation of their territorial scope was expressed in the 2006 Act which it has been suggested might restrict their scope. So this section is not intended to alter the status quo, but merely to make it clear that Natural England may exercise functions in the territorial sea adjacent to England.

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