Marine and Coastal Access Act 2009

129Byelaws for protection of MCZs in EnglandU.K.
This section has no associated Explanatory Notes

(1)The MMO may make one or more byelaws for the purpose of furthering the conservation objectives stated for an MCZ in England.

(2)A byelaw under this section may be made so as to apply to any area in England.

(3)The provision that may be made by a byelaw under this section includes, in particular, provision—

(a)prohibiting or restricting entry into, or any movement or other activity within, the MCZ by persons or animals;

(b)prohibiting or restricting entry into, or any movement or other activity within, the MCZ by vessels or (where appropriate) vehicles;

(c)restricting the speed at which any vessel may move in the MCZ or in any specified area outside the MCZ where that movement might hinder the conservation objectives stated for the MCZ;

(d)prohibiting or restricting the anchoring of any vessel within the MCZ;

(e)prohibiting or restricting the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the MCZ;

(f)prohibiting or restricting the doing of anything in the MCZ which would interfere with the sea bed or damage or disturb any object in the MCZ.

(4)The provision that may be made by a byelaw under this section also includes provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the MCZ by persons, animals or vehicles.

(5)A byelaw under this section may provide for the MMO to issue permits authorising anything which would, apart from such a permit, be unlawful under the byelaw.

(6)The MMO may attach to a permit under subsection (5) any condition which the MMO thinks appropriate to attach to that permit.

(7)A byelaw under this section may be made

[F1(a)subject to specified exceptions or conditions;

(b)so as to cease to have effect after a specified period.]

(8)A byelaw under this section may make different provision for different cases, including (in particular)—

(a)different parts of the MCZ;

(b)different times of the year;

(c)different means or methods of carrying out any activity.

(9)In this section “specified” means specified in the byelaw.

Textual Amendments

F1S. 129(7)(a)(b) substituted for words in s. 129(7) (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 10 (with Sch. 4 para. 31)

Commencement Information

I1S. 129 partly in force; s. 129 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)