Part II

Nature Conservation, Countryside and National Parks
Nature reserves,
... and Ramsar sites

Power to call in subtidal declarations
35A
1
This section applies where—
a
the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and
b
the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).
2
The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.
3
At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.
4
If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).
5
The ministerial authority may direct—
a
that the reserve (if declared) must include all of the subtidal land;
b
that the reserve (if declared) must not include any of the subtidal land;
c
that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;
d
that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.
6
The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—
a
appearing before and being heard by a person appointed by the ministerial authority for that purpose;
b
providing written representations to such a person.
7
A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.
8
The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).
9
The power to make regulations under subsection (8) is exercisable by statutory instrument.
10
A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
11
A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
In this section “
the ministerial authority
” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers.
Words in cross-heading preceding s. 34A omitted (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)
S. 35A inserted (E.W.) (12.11.2009 for certain purposes, 12.1.2010 for E., 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 148, 324(1)(c)(2)(b)(ii), Sch. 13 para. 11; S.I. 2014/3088, art. 2(b)
S. 34A and preceding cross-heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 84; S.I. 2006/2541, art. 2