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Marine and Coastal Access Act 2009

Section 132: Interim byelaws

376.This section enables the MMO to make interim byelaws to protect features in an area where the MMO considers there may be reasons for the Secretary of State to designate an MCZ, and where there is an urgent need for protection. Delay in providing protection through a byelaw could otherwise result in harm to the site. Byelaws under this section are essentially the same as emergency byelaws made by virtue of section 131 except that they apply to areas which are not yet designated as MCZs.

377.As there will be no MCZ designated in these cases, subsection (3) requires that the interim byelaw clearly states the boundaries of the area to which it will apply.

378.As with emergency byelaws, subsection (4) exempts interim byelaws from consultation (although the MMO must publish notice of them), and the MMO must keep the need for them under review.

379.Subsection (5) provides for an interim byelaw to remain in force for up to 12 months, unless revoked by the Secretary of State. In cases where the period specified in the byelaw is under 12 months, it may be subsequently extended by the MMO (under subsection (10)) – but the byelaw cannot remain in force for more than 12 months in total in any event.

380.If, while an interim byelaw is in place, the Secretary of State gives notice of a proposal to make an order (under section 116) to designate any part of the area as an MCZ, the Secretary of State may direct that the interim byelaw is to remain in place until the Secretary of State decides whether to make the order and until any such order comes into effect.

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