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Marine and Coastal Access Act 2009

Schedule 11: Consequential Amendments Relating to Mczs

964.This Schedule makes a number of amendments to legislation in consequence of the provisions in the Act relating to MCZs.

965.Paragraph 1 amends section 10 of the Conservation of Seals Act 1970 so that the power to grant licences is in relation to MCZs rather than marine nature reserves.

966.Paragraph 2 amends the Wildlife and Countryside Act 1981 to abolish the power to establish marine nature reserves in England and Wales, which is no longer necessary as a result of the power to designate MCZs.

967.The amendment to the Water Resources Act 1991 made by paragraph 3 ensures that byelaws made by the Marine Management Organisation and orders made by the Welsh Ministers to protect MCZs are not affected by byelaws made by the Environment Agency for flood defence and drainage purposes under that Act. This exception currently only applies to byelaws made by navigation authorities, harbour authorities and conservancy authorities.

968.Paragraph 4 amends the Conservation (Natural Habitats, &c) Regulations 1994 so that MMO byelaws and equivalent orders by the Welsh Ministers protecting European marine sites may be made under Part 5 of the Act rather than under section 37 of the Wildlife and Countryside Act 1981 (which will be repealed by the Act). Provisions are slightly different for European marine sites as different designation criteria apply to them: they will not have the same conservation objectives as MCZs.

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