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Marine and Coastal Access Act 2009

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Changes over time for: Section 129A

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Point in time view as at 29/12/2022.

Changes to legislation:

Marine and Coastal Access Act 2009, Section 129A is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1129AByelaws relating to exploitation of sea fisheries resources: EnglandU.K.
This section has no associated Explanatory Notes

(1)The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in England for the purposes of conserving—

(a)marine flora or fauna, or

(b)marine habitats or types of marine habitat.

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

(3)A byelaw under this section must specify the flora or fauna, or habitat or type of habitat, for the conservation of which the byelaw is made.

(4)The provision that may be made by a byelaw under this section includes provision that prohibits, restricts or otherwise interferes with the exercise of—

(a)a right of several fishery;

(b)any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent or by prescription or immemorial usage.

(5)But the MMO may make a byelaw that prohibits, or significantly restricts or interferes with, a right referred to in subsection (4), only if the person who enjoys the right consents.

(6)Subsection (5) does not apply in relation to the exercise of such a right in relation to—

(a)a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981,

(b)a national nature reserve declared in accordance with section 35 of that Act,

(c)a Ramsar site, within the meaning of section 37A of that Act,

(d)a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), or

(e)an MCZ.

(7)See also section 129C (supplementary).]

Textual Amendments

F1Ss. 129A-129C inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 11 (with Sch. 4 para. 31)

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