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Marine (Scotland) Act 2010

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This is the original version (as it was originally enacted).

86Example provisions for marine conservation orders

This section has no associated Explanatory Notes

(1)The provision that may be made by a marine conservation order includes provision prohibiting, restricting or regulating—

(a)entry into or movement, activity or works in the area protected by the order (“the protected area”) by a—

(i)person,

(ii)animal,

(iii)vessel (or a specified type of vessel), or

(iv)vehicle or thing (or a specified type of vehicle or thing),

(b)the anchoring of any vessel (or types of vessel) within the protected area (including the fixing of moorings or anchors to the seabed),

(c)the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the protected area,

(d)the removal of all or part of any thing (or category of things) from the protected area, including in particular all or part of a marine historic asset,

(e)the depositing (by any means) of anything in a protected area,

(f)the doing of anything in the protected area which, in the opinion of the Scottish Ministers, may—

(i)interfere with or damage the seabed,

(ii)damage or disturb any object in the protected area (including a marine historic asset),

(iii)otherwise cause harm to the protected area.

(2)The provision that may be made may also—

(a)restrict the speed at which any vessel or vehicle may move in the protected area or in any specified area outside the protected area where that movement might hinder—

(i)where the protected area is a Nature Conservation MPA, the stated conservation objectives for it,

(ii)where the protected area is a Demonstration and Research MPA, a stated purpose for it,

(iii)where the protected area is a Historic MPA, the stated preservation objectives for it,

(iv)where the protected area is a European marine site, the conservation objectives for it,

(b)include provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the protected area by persons, animals or vehicles.

(3)For the purposes of subsection (1)(a), the reference to works or activities includes reference to—

(a)the use of equipment (or types of equipment),

(b)surveying or exploring a site (whether or not by intrusive methods),

(c)fixing or attaching anything to the seabed or (if appropriate) the seashore.

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