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Marine and Coastal Access Act 2009

Section 44: Marine policy statement

137.This section describes what is meant by a “marine policy statement” (MPS). Subsection (1) defines the MPS as a document that is prepared and adopted by the policy authorities, in accordance with the process laid down in Schedule 5, and which sets out their policies for contributing to the sustainable development of the UK marine area.

138.Subsections (2) and (3) state that the MPS may include additional supporting information and statements about the policies it includes. They set out what happens in the event of an apparent conflict between policy and any supporting information or statements, by ensuring that the policy always takes precedence. For example, the MPS may contain a policy to increase extraction of marine minerals by 10%, supported by figures showing that this would represent an increase of 10,000 tonnes per year. If this figure of 10,000 tonnes were wrong or became inaccurate over time, subsection (3) provides clarity that the policy of a “10% increase” is the figure which must be applied, not “10,000 tonnes”, which was only supporting information.

139.Subsection (4) identifies the “policy authorities” who may prepare and adopt an MPS, and subsection (5) defines what is meant by “adoption”.

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