The Conservation of Habitats and Species Regulations 2017

CHAPTER 9 MARINE POLICY STATEMENTS AND MARINE PLANS

Marine policy statement

112.—(1) Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))—

(a) in relation to a marine policy statement under Chapter 1 of Part 3 (marine planning) of the Marine Act as it applies in relation to a land use plan; and

(b) in relation to a policy authority when exercising powers under Part 3 of that Act as it applies in relation to a plan-making authority.

(2) Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine policy statement, is to be taken to be a reference to the adoption and publication of a marine policy statement in accordance with Schedule 5 to the Marine Act or any amendment of a marine policy statement under section 47 of that Act.

(3) Where Chapter 8 applies by virtue of paragraph (1)—

(a) in regulation 105(2), after “the appropriate nature conservation body” insert “and the Joint Nature Conservation Committee”;

(b) regulations 105(5), 107(3) to (6) and 108 do not apply; and

(c) in regulation 109, for the reference to the appropriate authority substitute a reference to the policy authority.

(4) In this regulation “policy authority” means the Secretary of State or the Welsh Ministers.

Marine plan

113.—(1) Chapter 8 applies (with the modifications specified in paragraphs (2) and (3))—

(a) in relation to a marine plan as it applies in relation to a land use plan; and

(b) in relation to a marine plan authority when exercising powers under Part 3 of the Marine Act as it applies in relation to a plan-making authority.

(2) Any reference in Chapter 8 to giving effect to a land use plan, in relation to a marine plan, is to be taken to be a reference to the adoption and publication of a marine plan in accordance with Schedule 6 to the Marine Act or any amendment of a marine plan under section 52 of that Act.

(3) Where Chapter 8 applies by virtue of paragraph (1), regulations 105(5), 107(3) to (6) and 108 do not apply.

(4) In this regulation—

“marine plan” means a marine plan under Chapter 2 of Part 3 of the Marine Act;

“marine plan authority” has the meaning given by Part 3 of the Marine Act.