The Nature Conservation and Amenity Lands (Northern Ireland) Order 1985

Marine nature reserves N.I.

20.—(1) Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea [F1 which are landward of the baselines from which the breadth of the territorial sea adjacent to Northern Ireland is measured or are seaward of those baselines up to a distance of three nautical miles], it appears to the Secretary of State expedient that the land and waters covering it should be managed by him for the purpose of—

(a) conserving marine flora fauna or features of geological, physiographical or other scientific or special interest in the area; or

(b) providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of features of geological, physiographical or other scientific or special interest in the area,

the Secretary of State may by order designate the area comprising that land and those waters as a marine nature reserve; and the Secretary of State shall manage any area so designated for either or both of those purposes.

(2) Part I of Schedule 3 shall apply to orders made under paragraph (1), subject to the modifications set out in Part II of that Schedule.

(3) The powers exercisable by the Secretary of State for the purpose of managing an area designated as a marine nature reserve under this Article shall include power to install markers indicating the existence and extent of the reserve.

(4) Nothing in this Article or in byelaws made under Article 21 shall interfere with the exercise of any functions of a relevant body, any functions conferred by or under a statutory provision (whenever made) or any right of any person (whenever vested).

(5) The Committee for Nature Conservation shall advise the Secretary of State on the establishment and management of marine nature reserves.

(6) In this Article—

• [F1 “nautical miles” means international nautical miles of 1,852 metres;]

• “relevant body” means—

  (a)

  [F2 the Foyle, Carlingford and Irish Lights Commission,]

  (b)

  a district council,

  (c)

  a harbour authority as defined by the [1970 c. 1 (N.I.)] Harbours Act (Northern Ireland) 1970,

  (d)

  the [F3 Department of Culture, Arts and Leisure] ,

  (e)

  F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  Sub-para. (f) rep. by 1987 c. 21

  (g)

  [F5 a water undertaker or a sewerage undertaker]

F1 1987 c. 49

F2 Words in art. 20(6) substituted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(1), Sch. 2 para. 5(a) (with art. 32); S.R. 2008/232, art. 2, Sch.

F3 Words in art. 20(6) substituted (1.6.2009) by virtue of Public Authorities (Reform) Act (Northern Ireland) 2009 (c. 3), ss. 1(3)(b), 7(1), Sch. 1 Pt. 2 para. 8 (with Sch. 1 Pt. 1 para. 4(3)); S.R. 2009/172, art. 2(b)

F4 Words in art. 20(6) repealed (1.6.2008) by virtue of Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34, Sch. 2 para. 5(b), Sch. 3 (with art. 32); S.R. 2008/232, art. 2, Sch.

F5 Words in art. 20(6) added (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308, Sch. 12 para. 21(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)