Part 5Nature conservation
C2C1C3Chapter 1Marine conservation zones
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)
Miscellaneous and supplemental
I1I2C2145C2Application to the Crown
1
This Chapter is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.
This is subject to subsection (2).
2
No contravention by the Crown of any provision of this Chapter is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.
3
Despite subsection (2), the provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons.
4
For the purposes of this section “Crown land” means land an interest in which—
a
belongs to Her Majesty in right of the Crown or in right of Her private estates,
b
belongs to Her Majesty in right of the Duchy of Lancaster,
c
belongs to the Duchy of Cornwall, or
d
belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
5
In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
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))