Explanatory Memorandum

Marine Act (Northern Ireland) 2013

2013 CHAPTER 10

17 September 2013

Commentary on Sections

Part 3: Marine Protection

Section 28: Emergency byelaws

This section enables the Department to make byelaws (under section 26) urgently, without having to comply with the usual consultation and publication requirements and without confirmation by the Secretary of State.  This is only permitted where the Department considers there is an urgent need to protect an MCZ.

The Department must publish a notice that an emergency byelaw has been made (subsection (3)).  Those affected may then make representations to the Secretary of State – who has the power to revoke emergency byelaws.

The Department must keep emergency byelaws under review.  Under subsection (2), emergency byelaws remain in force for a maximum of 12 months (although they may be extended by up to a further six months by the Department (subsections (7) to (9)).