Marine and Coastal Access Act 2009

Yn ddilys o 01/04/2011

158 Byelaws: supplementary provision E+W

(1) The power to make byelaws under section 155 includes power to make different provision for different cases or different circumstances, including (in particular)—

(a) different parts of an IFC district;

(b) different times of the year;

(c) different descriptions of sea fisheries resources.

(2) The power to make byelaws under section 155 also includes—

(a) power to provide for exceptions or conditions;

(b) power to provide for a byelaw to cease to have effect after a specified period.

(3) Subject to subsection (5), the provision that may be made by a byelaw under section 155 includes provision that prohibits, restricts or otherwise interferes with the exercise of a right to which subsection (4) applies.

(4) This subsection applies to—

(a) any 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) An IFC authority may make a byelaw that prohibits, or significantly restricts or interferes with, the exercise of a right to which subsection (4) applies 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 any of the following sites—

(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981 (c. 69);

(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 [F1 the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8)];

(e) a marine conservation zone designated by an order under section 116.

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

Textual Amendments

F1 Words in s. 158(6)(d) substituted (1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2), Sch. 6 para. 5(4) (with reg. 125)