Marine and Coastal Access Act 2009

Orders for protection of MCZs etc: Wales

134 Orders for protection of MCZs in Wales

(1) The Welsh Ministers may make one or more orders for the purpose of furthering the conservation objectives stated for an MCZ in Wales.

(2) An order under this section may be made so as to apply to any area in Wales.

(3) Subsections (3), (4) and (7) to (9) of section 129 apply in relation to an order under this section as they apply in relation to a byelaw under that section.

(4) An order under this section may provide for the Welsh Ministers to issue permits authorising anything which would, apart from such a permit, be unlawful under the order.

(5) The Welsh Ministers may attach to a permit under subsection (4) any condition which the Welsh Ministers think appropriate to attach to that permit.

(6) An order under this section may be made in respect of more than one MCZ; and in relation to any order so made any reference in this section (or in section 129 as applied by this section) to an MCZ is a reference to any or all of the MCZs in respect of which the order is made.

135 Consultation etc regarding orders under section 134

(1) Before making an order under section 134, the Welsh Ministers must consult—

(a) the Secretary of State, and

(b) any other person whom they think fit to consult.

(2) The Welsh Ministers must publish notice of the making of an order under section 134.

(3) The notice under subsection (2) must—

(a) be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected.

(4) Where the Welsh Ministers think that there is an urgent need to make an order under section 134 in order to protect an MCZ—

(a) subsection (1) does not apply, and

(b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Welsh Ministers.

136 Interim orders

(1) The Welsh Ministers may make one or more orders for the purpose of protecting any feature in an area in Wales if they think—

(a) that there are or may be reasons to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(2) In this Chapter “interim order” means an order under subsection (1).

(3) An interim order must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(4) Subsections (2) to (5) of section 134 apply to an interim order as they apply to an order under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim order applies.

(5) An interim order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(6) The Welsh Ministers must publish notice of the making of an interim order.

(7) The notice under subsection (6) must—

(a) be published in such manner as the Welsh Ministers think is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;

(b) give an address at which a copy of the order may be inspected;

(c) state that any person affected by the making of the order may make representations to the Welsh Ministers.

(8) The Welsh Ministers must keep under review the need for an interim order to remain in force.

(9) The Welsh Ministers may by further order extend the period for which an interim order remains in force.

(10) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

137 Further provision as to orders made under section 134 or 136

(1) This section applies to any order made under section 134 or 136.

(2) The Welsh Ministers must send a copy of any order to which this section applies to the Secretary of State.

(3) The Welsh Ministers must—

(a) make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment;

(b) provide a copy of any such order to any person who requests one.

(4) Subject to subsection (5), an order to which this section applies may make such provision amending, modifying or excluding any statutory provision of local application which has effect in the area to which the order relates as the Welsh Ministers think is necessary or expedient in consequence of the order.

(5) An order to which this section applies may not amend, modify or exclude any statutory provision of local application which was made by the Secretary of State unless the Secretary of State consents.

(6) An order to which this section applies may be amended or revoked by a further order.

(7) In this section “statutory provision” means—

(a) provision of an Act of Parliament, or

(b) provision of an instrument made under an Act of Parliament.