Marine and Coastal Access Act 2009

Byelaws

224 Power to make byelaws

(1) In Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw-making powers of the Agency), paragraph 6 (byelaws for purposes of fisheries functions) is amended as follows.

(2) In sub-paragraph (1), in paragraph (b), for the words from “salmon fisheries” to the end substitute “fisheries of fish to which this paragraph applies.”

(3) After that sub-paragraph insert—

“(1A) This paragraph applies to—

(a) salmon, trout, eels, lampreys, smelt, shad and freshwater fish; and

(b) fish of such other description as may be specified for the purposes of this paragraph by order under section 40A of the Salmon and Freshwater Fisheries Act 1975.”

(4) In sub-paragraph (2), after paragraph (a) insert—

“(aa) specifying close seasons or times for the taking of any fish to which this paragraph applies by such means as may be prescribed by the byelaws;”.

(5) In that sub-paragraph, in paragraph (b)(i), after “size” insert “greater or”.

(6) In that sub-paragraph, in paragraph (e) at the end insert “(including requiring fixed engines during close seasons or times to be removed or made incapable of taking or obstructing the passage of fish)”.

(7) Sub-paragraph (3) is omitted.

(8) Sub-paragraph (4) is omitted.

(9) After sub-paragraph (5) insert—

“(5A) A byelaw under this paragraph does not apply to a person (including an employee or agent of the Agency) to the extent that he is acting—

(a) with the written authority of the Agency; and

(b) in accordance with any conditions imposed by the Agency in relation to that authority.

(5B) For the avoidance of doubt, a byelaw under this paragraph may apply to an historic installation as to any other fixed engine.”

(10) Any byelaw made by the Environment Agency under paragraph 6(3) of that Schedule and in force immediately before the coming into force of subsection (7) above shall in relation to any period after the coming into force of that subsection be regarded as having been made under paragraph 6(2) of that Schedule, as amended by this section.

225 Byelaws: emergency procedures

(1) In the Water Resources Act 1991 (c. 57), in section 210 (byelaw-making powers of the Agency) at the end insert—

“(3) Schedule 27 to this Act (emergency fisheries byelaws) shall have effect.”

(2) In that Act, after Schedule 26 insert—

Section 210(3)

“Schedule 27 Emergency fisheries byelaws

Emergency fisheries byelaws

1 (1) In this Schedule, “emergency fisheries byelaw” means a byelaw made under paragraph 6 of Schedule 25 to this Act (fisheries) in the circumstances in sub-paragraph (2) below.

(2) The circumstances are that—

(a) the Agency considers that, because of any event or likely event, harm is occurring or is likely to occur to—

(i) any fish to which paragraph 6 of Schedule 25 to this Act applies or to the spawn, gametes or food of any such fish, or

(ii) the marine or coastal, or aquatic or waterside, environment,

(b) the Agency considers that the byelaw would prevent or limit that harm, or would be reasonably likely to do so,

(c) the Agency considers that for that purpose there is a need for the byelaw to come into force as a matter of urgency, and

(d) the event or the likelihood of the event could not reasonably have been foreseen.

(3) Schedule 26 to this Act (procedure relating to byelaws made by the Agency) does not apply in relation to an emergency fisheries byelaw.

(4) In sub-paragraph (2)(a), the reference to harm to the marine or coastal, or aquatic or waterside, environment is to—

(a) harm to the natural beauty or amenity of marine or coastal, or aquatic or waterside, areas (including their geological or physiographical features) or to any features of archaeological or historic interest in such areas, or

(b) harm to flora or fauna which are dependent on or associated with the marine or coastal, or aquatic or waterside, environment.

Commencement

2 An emergency fisheries byelaw comes into force—

(a) on the date specified in the byelaw, or

(b) if no date is so specified, on the day after that on which it is made.

Notification of the appropriate national authority

3 The Agency must, within 24 hours of making an emergency fisheries byelaw—

(a) send a copy of the byelaw to the appropriate national authority, and

(b) explain to the appropriate national authority why the byelaw is being made as an emergency fisheries byelaw.

Publication

4 The Agency must publish notice of the making of an emergency fisheries byelaw (including a copy of the byelaw)—

(a) in the London Gazette;

(b) where the byelaw has effect in Wales, in the Welsh language in such manner as the Agency thinks appropriate;

(c) in such other manner as it thinks appropriate for the purpose of bringing the byelaw to the attention of persons likely to be affected by it.

Amendment and revocation

5 (1) If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw would better serve to prevent or limit the harm referred to in paragraph 1(2)(a) above if it were amended, the authority must amend it accordingly.

(2) If at any time the appropriate national authority is satisfied that an emergency fisheries byelaw is no longer needed in order to prevent or limit the harm referred to in paragraph 1(2)(a) above, the authority must revoke it.

(3) The Agency must publish notice of an amendment or revocation under this paragraph as specified in paragraph 4(a) to (c) above.

Expiry and extension

6 (1) Subject to paragraph 7 below, an emergency fisheries byelaw expires (unless earlier revoked)—

(a) in accordance with provision made by the byelaw, or

(b) if the byelaw does not contain provision for its expiry, at the end of the period of twelve months beginning with the day on which it comes into force.

(2) A byelaw may not under sub-paragraph (1)(a) above remain in force for longer than the period of twelve months beginning with the day on which it comes into force.

7 (1) The Agency may, at any time before an emergency fisheries byelaw expires, apply to the appropriate national authority for it to be extended.

(2) On such an application, the appropriate national authority may extend the byelaw at any time before its expiry, provided the authority is satisfied that—

(a) the byelaw is still needed to prevent or limit the harm referred to in paragraph 1(2)(a) above, and

(b) the need for the extension could not reasonably have been avoided by the Agency.

(3) A byelaw may be extended under sub-paragraph (2) above for such period not exceeding six months as the appropriate national authority may specify.

(4) A byelaw may not be extended under sub-paragraph (2) above on more than one occasion.

Availability

8 (1) Every emergency fisheries byelaw shall be printed and deposited at one or more of the offices of the Agency, including (if there is one) at an office in the area to which the byelaw applies; and copies of the byelaw shall be available at those offices, at all reasonable times, for inspection by the public free of charge.

(2) Every person shall be entitled, on application to the Agency and on payment of such reasonable sum as the Agency may determine, to be furnished with a copy of any emergency fisheries byelaw so deposited by the Agency.

Proof

9 The production of a printed copy of an emergency fisheries byelaw purporting to be made by the Agency upon which is indorsed a certificate, purporting to be signed on its behalf, stating—

(a) that the byelaw was made by the Agency, and

(b) that the copy is a true copy of the byelaw,

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

“Appropriate national authority”

10 In this Schedule “appropriate national authority” has the same meaning as in the Salmon and Freshwater Fisheries Act 1975.”

226 Byelaws: enforcement

In section 211 of the Water Resources Act 1991 (c. 57) (enforcement of byelaws), in subsection (3), for the words from “to a fine” to the end substitute—

“(a) in the case of byelaws made by virtue of paragraph 4, to a fine not exceeding level 4 on the standard scale or such smaller sum as may be specified in the byelaws;

(b) in the case of byelaws made by virtue of paragraph 6, to a fine not exceeding £50,000.”

227 Byelaws: compensation

(1) Section 212 of the Water Resources Act 1991 (compensation in respect of certain fisheries byelaws) is amended as follows.

(2) In subsection (1), for the words from “the claim” to the end substitute “the Agency may pay that person such amount by way of compensation as it considers appropriate.”

(3) Subsection (3) is omitted.