Marine Act (Northern Ireland) 2013 No. 10

Part 3 N.I. Marine protection

Modifications etc. (not altering text)

C1 Pt. 3 applied (with modifications) by S.R. 1995/380, reg. 31(1)(2) (as substituted (18.9.2013) by Marine Act (Northern Ireland) 2013 (c. 10), ss. 40(5), 49 (with ss. 1(1), 46(3), 47))

MCZs N.I.

Further provision as to orders designating MCZs N.I.

15—(1) An order under section 13 designating an area as an MCZ must identify the boundaries of the area designated.

(2) The boundary of an MCZ may be determined by, or by reference to, mean high water spring tide.

(3) An MCZ may (in addition to an area of sea) include an area of the seashore lying above mean high water spring tide if—

(a) the area of seashore adjoins the area of sea; and

(b) any of the conditions in subsection (4) is satisfied.

(4) The conditions are that—

(a) the protected feature or features leading to the designation of the area of sea is or are also present in the area of seashore;

(b) the area of sea is designated for the purpose of conserving marine flora or fauna which are dependent (wholly or in part) on anything which takes place in, or is present in, the area of seashore;

(c) without the inclusion of the area of seashore, the identification of the boundary of the MCZ (either in the order designating the area or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.

(5) An order under section 13 designating an area as an MCZ—

(a) must designate an area of land (whether or not that land is covered by water), and

(b) may designate some or all of the water covering that land.