PART 5

FISHERIES FOR SHELLFISH

Protection of marine environment

Power to vary or revoke orders to protect European marine sites
74
1
The Sea Fisheries (Shellfish) Act 1967 is amended as follows.
2
After section 5D (as inserted by section 73) insert—

European marine sites: power of Welsh Ministers to vary or revoke order under section 1
5E
1
This section applies where—
a
the Welsh Ministers have served a site protection notice on the grantees of an order made under section 1 of this Act,
b
the notice has not been cancelled under section 5B(6) or 5C(5) of this Act, and
c
no appeal under section 5C of this Act is pending.
2
The Welsh Ministers may vary or revoke the order to reflect the effect of the site protection notice.
3
Before making an order by virtue of this section, the Welsh Ministers must consult—
a
any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the area to which the order relates, and
b
any other persons the Welsh Ministers think are likely to be interested in the order or affected by it.
4
For the purposes of subsection (1)(c), an appeal under section 5C is pending if—
a
an appeal under that section (or a further appeal) has been brought and has not been determined or withdrawn, or
b
an appeal under that section (or a further appeal) has not been brought but the period for bringing such an appeal is still running.
3
In section 1 (power to make orders as to fisheries for shellfish), in subsection (8), after “subsection (10) below” insert “ or by virtue of section 5E of this Act ”.