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Marine and Coastal Access Act 2009

Orders for protection of MCZs etc: Wales
Section 134: Orders for protection of MCZs in Wales

383.This section gives the Welsh Ministers the power to make conservation orders, in order to protect MCZs in the Welsh inshore region and help further their conservation objectives.

384.Subsection (3) applies the byelaw-making provisions of subsections (3), (4) and (7) to (9) of section 130 to conservation orders made by the Welsh Ministers. Conservation orders in Wales will work in a similar way to byelaws in England.

385.Subsection (4) enables the Welsh Ministers to issue permits authorising anything which would otherwise be unlawful under a conservation order and subsection (5) enables the Welsh Ministers to attach conditions to any such permit.

386.Subsection (6) allows the Welsh Ministers to make an order which applies to two or more MCZs.

Section 135: Consultation etc regarding orders under section 134

387.Subsection (1) requires the Welsh Ministers to consult before making a conservation order, while subsections (2) and (3) require Welsh Ministers to publish notice of the making of the order and to ensure that interested individuals are aware of the publication.

388.Subsection (4) enables the Welsh Ministers to make conservation orders (under section 134) urgently, without having to comply with the usual consultation requirements. This is only permitted where the Welsh Ministers consider there to be an urgent need to protect an MCZ.

Section 136: Interim orders

389.This section enables the Welsh Ministers to make interim orders to protect features where there may be reasons to designate an MCZ and where there is an urgent need to protect the feature. Orders under this section are essentially conservation orders made urgently except that they apply to areas which are not yet designated as MCZs.

390.Subsection (3) requires an interim order to identify the boundaries of the area in which the order applies.

391.Subsection (4) applies subsections (2) to (5) of section 134 to interim orders, and consequently, an interim order will be able to make any provision which could be made in an ordinary conservation order.

392.Subsection (5) provides for an interim order to remain in force for a limited period not exceeding 12 months (unless revoked). The Welsh Ministers may further extend an order (by means of a further order) made under subsection (9), thereby allowing for continued protection of the area until its status as an MCZ is settled.

393.Interim orders, being urgent by nature, require no prior consultation, but subsection (6) requires the Welsh Ministers to publish notice of the making of an interim order in Wales and subsection (7) sets out the matters to be addressed in the notification.

394.Subsection (8) requires the Welsh Ministers to keep under review the need for an interim order to remain in force.

Section 137: Further provision as to orders made under section 134 or 136

395.This section sets out administrative and notification requirements in relation to Welsh conservation orders (whether made urgently or not) and interim orders.

396.Subsection (6) allows conservation and interim orders to be amended or revoked by a further order.

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