Part 5Nature conservation
C2C1C3Chapter 1Marine conservation zones F1and management of sea fisheries
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))
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a)38(3)(4) (with regs. 38(5), 125)
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)
Designation of zones
I1I2C2118C2Further provision as to orders designating MCZs
1
An order under section 116 must identify the boundaries of the area designated.
2
The boundary of an MCZ may be determined by, or by reference to, mean high water spring tide.
3
Any reference in subsection (2)(a) or (b) of section 116 to an area of sea includes a reference to any island in the sea, whether or not any part of it lies above mean high water spring tide.
4
If an MCZ includes an area falling within subsection (2)(a) of section 116 (“area A”), it may also include an area of the seashore lying above mean high water spring tide (“area B”) if—
a
area B adjoins area A, and
b
any of the conditions in subsection (5) is satisfied.
5
The conditions are—
a
that the protected feature or features leading to the designation of area A is or are also present in area B;
b
that area A is designated for the purpose of conserving marine flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, area B;
c
that, without the inclusion of area B, the identification of the boundary of the MCZ (either in the order designating the area or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.
6
An order under section 116—
a
must designate an area of land (whether or not that land is covered by water), and
b
in the case of an area falling within subsection (2)(a) or (b) of that section, may designate some or all of the water covering that land.
Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)