Part 1

Protection of the water environment
Chapter 2

River basin management planning

River basin districts

Shellfish water protected areas
5A
1
The Scottish Ministers may by order (in this section, a “designation order”) designate an area of coastal water or transitional water as a shellfish water protected area for the purposes of this Part.
2
An area of coastal water or transitional water may be designated under subsection (1) only if the Scottish Ministers consider it necessary or desirable to do so for the protection or development of economically significant shellfish production.
3
The Scottish Ministers must review each designation order—
a
by 22 December 2019, and
b
by each date falling every 6 years (or such lesser period as the Scottish Ministers may determine) after 22 December 2019.
4
Subsection (3) applies to a designation order which comes into force after 22 December 2019 as if paragraph (a) were omitted.
5
A designation order which would, apart from this subsection, fall to be reviewed under subsection (3) by a particular date need not be reviewed by that date if the order came into force less than 6 months before that date; but must otherwise be reviewed in accordance with that subsection.
6
A designation order may identify the area of coastal water or transitional water by reference to a map prepared for the purposes of the order and laid before the Scottish Parliament.
7
The Scottish Ministers must send
SEPA
a copy of—
a
a designation order, and
b
any map prepared in pursuance of subsection (6).
Pt. 1 applied (with modifications) (2.1.2004) by Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245), regs. 1(1), 6 (as amended (10.4.2017) by S.I. 2017/407, reg. 1(a), Sch. 4 para. 1(4) (with reg. 1(c))
Pt. 1 applied (with modifications) (10.2.2004) by Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004 (S.I. 2004/99), regs. 1(1), 5(1), Sch. 4 (with reg. 5(2))
S. 5A inserted (16.9.2013) by Aquaculture and Fisheries (Scotland) Act 2013 (asp 7), ss. 54(2), 66(2) (with s. 65); S.S.I. 2013/249, art. 2