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Environment Act 1995
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Environment Act 1995, Section 103 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 41(1)(s) inserted by 2021 c. 30 s. 57(8)
- s. 82(1A) inserted by 2024 asc 2 s. 16(3)
- s. 83B inserted by 2024 asc 2 s. 17(1)
- s. 85(3)(e)(f) inserted by 2024 asc 2 s. 18(b)
- Sch. 7 para. 7(4A) (4B) inserted by 2007 c. 28 Sch. 14 para. 4(3)
103 Other marine or aquatic environmental conservation powers.E+W+S
(1)After section 5 of the M1Sea Fish (Conservation) Act 1967 (power to restrict fishing for sea fish) there shall be inserted—
“5A Powers to restrict fishing for marine environmental purposes.
(1)Any power to make an order under section 5 above may be exercised for marine environmental purposes.
(2)The power to make an order under section 5 above by virtue of this section is in addition to, and not in derogation from, the power to make an order under that section otherwise than by virtue of this section.
(3)In this section “marine environmental purposes” means the purposes—
(a)of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b)of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
(2)After section 2 of the M2Inshore Fishing (Scotland) Act 1984 there shall be inserted—
“2A Powers to restrict fishing, or to prohibit the carriage of specified types of net, for marine environmental purposes.
(1)Any power to make an order under section 1 or 2 above may be exercised for marine environmental purposes.
(2)The power to make an order under section 1 or 2 above by virtue of this section is in addition to, and not in derogation from, the power to make an order under that section otherwise than by virtue of this section.
(3)In this section “marine environmental purposes” means the purposes—
(a)of conserving or enhancing the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b)of conserving flora or fauna which are dependent on, or associated with, a marine or coastal environment.”
(3)In Schedule 25 to the M3Water Resources Act 1991 (byelaw making powers) after paragraph 6 (byelaws for purposes of fisheries functions) there shall be inserted—
“ Fisheries byelaws for marine or aquatic environmental purposes6A(1)Any power to make byelaws conferred by paragraph 6 above may be exercised for marine or aquatic environmental purposes.
(2)The power to make byelaws under paragraph 6 above by virtue of this paragraph is in addition to, and not in derogation from, the power to make byelaws under that paragraph otherwise than by virtue of this paragraph.
(3)In this paragraph “marine or aquatic environmental purposes” means—
(a)the conservation or enhancement of the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or of any features of archaeological or historic interest in such areas; or
(b)the conservation of flora or fauna which are dependent on, or associated with, a marine or coastal, or aquatic or waterside, environment.”
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