Marine and Coastal Access Act 2009

117 Grounds for designation of MCZs U.K.

(1) The appropriate authority may make an order under section 116 if it thinks that it is desirable to do so for the purpose of conserving—

(a) marine flora or fauna;

(b) marine habitats or types of marine habitat;

(c) features of geological or geomorphological interest.

(2) The order must state—

(a) the protected feature or features;

(b) the conservation objectives for the MCZ.

(3) Any reference in this Chapter to the conservation objectives stated for an MCZ is a reference to the conservation objectives stated for the MCZ under subsection (2)(b).

(4) [F1 Any reference in this Chapter] to conserving marine flora or fauna includes, in particular, a reference to conserving any species that is rare or threatened because of—

(a) the limited number of individuals of that species, or

(b) the limited number of locations in which that species is present.

(5) [F2 Any reference in this Chapter] to conserving marine flora or fauna or habitat include references to conserving the diversity of such flora, fauna or habitat, whether or not any or all of them are rare or threatened.

(6) Any reference [F3 in this Chapter] to conserving a thing includes references to—

(a) assisting in its conservation;

(b) enabling or facilitating its recovery or increase.

(7) In considering whether it is desirable to designate an area as an MCZ, the appropriate authority may have regard to any economic or social consequences of doing so.

(8) The reference in subsection (7) to any social consequences of designating an area as an MCZ includes a reference to any consequences of doing so for any sites in that area (including any sites comprising, or comprising the remains of, any vessel, aircraft or marine installation) which are of historic or archaeological interest.

Textual Amendments

F1 Words in s. 117(4) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 8(2) (with Sch. 4 para. 31)

F2 Words in s. 117(5) substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 8(3) (with Sch. 4 para. 31)

F3 Words in s. 117(6) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 8(4) (with Sch. 4 para. 31)

Modifications etc. (not altering text)

C1 Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))

Commencement Information

I1 S. 117 partly in force; s. 117 in force for specified purposes at Royal Assent see s. 324(1)(c); s. 117 in force for further specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I2 S. 117 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(a)