Marine (Scotland) Act 2010

95 Offences relating to protected features of a Nature Conservation MPA

(1) A person commits an offence under this section if the person—

(a) intentionally or recklessly does a prohibited act in a Nature Conservation MPA (the “protected area”), and

(b) the act has significantly hindered, or may significantly hinder, the achievement of the stated conservation objectives for the protected area.

(2) For the purposes of subsection (1), a person does a prohibited act if the person—

(a) kills or injures any animal in the protected area which is a protected feature of the area,

(b) picks, collects, cuts, uproots or destroys any plant in the protected area which is a protected feature of the area,

(c) takes anything from the protected area which is, or forms part of, a protected feature of that area,

(d) damages or destroys any habitat or feature which is a protected feature of the protected area.

(3) A person who does anything which would, but for this subsection, amount to an offence under this section does not commit the offence if it is shown that—

(a) the act was the incidental result of a lawful operation,

(b) the person who carried out the lawful operation—

(i) took reasonable precautions for the purpose of carrying out the act, or

(ii) did not foresee, and could not reasonably have foreseen, that the act would be an incidental result of the carrying out of the lawful operation, and

(c) the person took such steps as were reasonably practicable in all the circumstances to minimise the hindrance (or potential hindrance) to the conservation objectives.

(4) A person who is guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding £50,000,

(b) on conviction on indictment, to a fine.

(5) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.