Part 5Nature conservation
C2C1C3Chapter 1Marine conservation zones
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (1.4.2010 except so far as relating to 2009 c. 23, s. 134 for which purpose the amendment comes into force immediately after that provision comes into force, 1.4.2010) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), reg. 1(2)(4)(a)38(3)(4) (with regs. 38(5), 125)
Pt. 5 Ch. 1 applied (with modifications) (E.W.) (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), regs. 1(2), 40(3)(4)
Designation of zones
I1I8C2116C2Marine conservation zones
1
The appropriate authority may by order designate any area falling within subsection (2) as a marine conservation zone (an “MCZ”).
Section 117 sets out the grounds on which such an order may be made.
2
An area falls within this subsection if—
a
it is an area of the sea within the seaward limits of the territorial sea adjacent to the United Kingdom;
b
it is an area of the sea within the limits of the exclusive economic zone;
c
it is an area of the sea bed or subsoil within the limits of the UK sector of the continental shelf (so far as not falling within an area mentioned in paragraph (b)).
3
But an area does not fall within subsection (2) if it is in—
a
the Scottish inshore region, or
b
the Northern Ireland inshore region.
4
Section 118 makes further provision as to the areas that may be included in an MCZ.
5
For the purposes of this Chapter the appropriate authority is—
a
in relation to an area in Wales F2or the Welsh offshore region, the Welsh Ministers;
b
in relation to an area in the Scottish offshore region, the Scottish Ministers;
c
in any other case, the Secretary of State.
F15A
The Welsh Ministers may not designate an area as an MCZ without the agreement of the Secretary of State if any part of the proposed MCZ lies in the Welsh offshore region.
6
The Scottish Ministers may not designate any area as an MCZ without the agreement of the Secretary of State.
7
An MCZ designated by the Scottish Ministers under this section is to be known as a marine protected area.
Any reference in this Act to an MCZ is, in relation to an MCZ designated by the Scottish Ministers, to be read as a reference to a marine protected area.
8
Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (2)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.
I2I9C2117C2Grounds for designation of MCZs
1
The appropriate authority may make an order under section 116 if it thinks that it is desirable to do so for the purpose of conserving—
a
marine flora or fauna;
b
marine habitats or types of marine habitat;
c
features of geological or geomorphological interest.
2
The order must state—
a
the protected feature or features;
b
the conservation objectives for the MCZ.
3
Any reference in this Chapter to the conservation objectives stated for an MCZ is a reference to the conservation objectives stated for the MCZ under subsection (2)(b).
4
The reference in subsection (1)(a) to conserving marine flora or fauna includes, in particular, a reference to conserving any species that is rare or threatened because of—
a
the limited number of individuals of that species, or
b
the limited number of locations in which that species is present.
5
The references in subsection (1)(a) and (b) to conserving marine flora or fauna or habitat include references to conserving the diversity of such flora, fauna or habitat, whether or not any or all of them are rare or threatened.
6
Any reference to conserving a thing includes references to—
a
assisting in its conservation;
b
enabling or facilitating its recovery or increase.
7
In considering whether it is desirable to designate an area as an MCZ, the appropriate authority may have regard to any economic or social consequences of doing so.
8
The reference in subsection (7) to any social consequences of designating an area as an MCZ includes a reference to any consequences of doing so for any sites in that area (including any sites comprising, or comprising the remains of, any vessel, aircraft or marine installation) which are of historic or archaeological interest.
I3I10C2118C2Further provision as to orders designating MCZs
1
An order under section 116 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
Any reference in subsection (2)(a) or (b) of section 116 to an area of sea includes a reference to any island in the sea, whether or not any part of it lies above mean high water spring tide.
4
If an MCZ includes an area falling within subsection (2)(a) of section 116 (“area A”), it may also include an area of the seashore lying above mean high water spring tide (“area B”) if—
a
area B adjoins area A, and
b
any of the conditions in subsection (5) is satisfied.
5
The conditions are—
a
that the protected feature or features leading to the designation of area A is or are also present in area B;
b
that area A 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, area B;
c
that, without the inclusion of area B, 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.
6
An order under section 116—
a
must designate an area of land (whether or not that land is covered by water), and
b
in the case of an area falling within subsection (2)(a) or (b) of that section, may designate some or all of the water covering that land.
I4I11C2119C2Consultation before designation
1
Before making an order under section 116, the appropriate authority must comply with subsections (2) to (9) of this section.
This is subject to subsection (11).
2
The appropriate authority must publish notice of its proposal to make the order.
3
The notice under subsection (2) must—
a
be published in such manner as the appropriate authority thinks is most likely to bring the proposal to the attention of any persons who are likely to be affected by the making of the order;
b
contain a statement of the terms of the proposed order.
4
The appropriate authority must consult any persons who the appropriate authority thinks are likely to be interested in, or affected by, the making of the order.
5
Where the appropriate authority is not the Secretary of State, the authority must consult the Secretary of State.
6
If the appropriate authority for an area other than Wales F3or the Welsh offshore region considers that—
a
the making of the order may affect any activity which is or may be carried on in the Welsh zone, or
b
any activity which is or may be carried on in the Welsh zone may affect any part of the proposed MCZ,
the authority must consult the Welsh Ministers.
7
If the appropriate authority for an area other than the Scottish offshore region considers that—
a
the making of the order may affect any activity which is or may be carried on in the Scottish zone, or
b
any activity which is or may be carried on in the Scottish zone may affect any part of the proposed MCZ,
the authority must consult the Scottish Ministers.
8
If the appropriate authority considers that—
a
the making of the order may affect any activity which is or may be carried on in the Northern Ireland zone, or
b
any activity which is or may be carried on in the Northern Ireland zone may affect any part of the proposed MCZ,
the authority must consult the Department of the Environment in Northern Ireland.
9
The Secretary of State must consult—
F4a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Department of the Environment in Northern Ireland, if any part of the proposed MCZ lies in the Northern Ireland zone.
10
If the appropriate authority fails to make the order before the end of the period of 12 months beginning with the date on which notice was published under subsection (2), then anything done by the appropriate authority for the purposes of complying with subsections (2) to (9) of this section is, for those purposes, to be treated as not having been done.
11
In a case where the appropriate authority thinks that there is an urgent need to protect the area proposed to be designated, the authority need not comply with subsections (2) to (4).
12
In such a case, the order designating the area as an MCZ remains in force for a period not exceeding two years, unless the appropriate authority makes a further order before the end of that period confirming the designation.
Before making such an order, the appropriate authority must comply with subsections (2) to (9) (and subsection (10) applies accordingly).
I5I12C2120C2Publication of orders designating MCZs
1
This section applies where an order has been made under section 116.
2
The appropriate authority must publish notice of the making of the order.
3
The notice under subsection (2) must—
a
be published in such manner as the appropriate authority thinks is most likely to bring the order to the attention of any persons who are likely to be affected by the making of it;
b
give an address at which a copy of the order may be inspected.
4
The appropriate authority must—
a
make a copy of the order available for inspection at the address specified under subsection (3)(b) at all reasonable hours without payment;
b
provide a copy of the order to any person who requests one.
5
The appropriate authority may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).
I6I13C2121C2Hearings by appropriate authority
1
This section applies where the appropriate authority has the function of deciding whether to make an order under section 116 designating an area as an MCZ.
2
The authority may, before making that decision, give to any person the opportunity of—
a
appearing before and being heard by a person appointed for that purpose;
b
providing written representations to such a person.
3
The authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (2).
4
A person appointed under subsection (2) must make a report to the authority of any oral or written representations made under that subsection.
I7I14C2122C2Amendment, revocation and review of orders designating MCZs
1
An order under section 116 may be amended or revoked by a further order.
2
The appropriate authority for an area must review any order it has made under section 116 if the authority receives representations from—
a
the appropriate authority for another area, or
b
the Department of the Environment in Northern Ireland,
that the order should be amended or revoked.
Pt. 5 Ch. 1 applied (with modifications) by S.I. 1994/2716, reg. 36(3)(4) (as substituted (E.W.) (12.1.2010 for specified purposes, 12.12.2014 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), s. 324(2)(b)(i), Sch. 11 para. 4(1); S.I. 2014/3088, art. 2(b))