Marine and Coastal Access Act 2009 (c. 23)

Part 5 U.K. Nature conservation

Chapter 1 U.K. Marine conservation zones [F1 and management of sea fisheries]

Textual Amendments

F1 Words in Pt. 5 Ch. 1 heading inserted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 7 (with Sch. 4 para. 31)

Modifications etc. (not altering text)

C1 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))

C2 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)

C3 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)

Duties of public authorities U.K.

127 Advice and guidance by conservation bodies U.K.

(1) The appropriate statutory conservation body may give advice and guidance as to—

(a) the matters which are capable of damaging or otherwise affecting any protected feature or features;

(b) the matters which are capable of affecting any ecological or geomorphological process on which the conservation of any protected feature or features is (wholly or in part) dependent;

(c) how any conservation objectives stated for an MCZ may be furthered, or how the achievement of any such objectives may be hindered;

(d) how the effect of any activity or activities on an MCZ or MCZs may be mitigated;

(e) which activities are, or are not, of equivalent environmental benefit (for the purposes of section 126(7)(c)) to any particular damage to the environment (within the meaning of that provision).

(2) Advice or guidance may be given—

(a) either in relation to a particular MCZ or MCZs or generally;

(b) either to a particular public authority or authorities or generally.

(3) The appropriate statutory conservation body must give advice to a public authority if the authority requests it.

(4) If the appropriate statutory conservation body for an area proposes to exercise its functions under this section in a manner which may affect an MCZ or MCZs in an area for which another body is the appropriate statutory conservation body, it must consult that other body before doing so.

Commencement Information

I1 S. 127 partly in force; s. 127 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)

I2 S. 127 in force at 12.12.2014 in so far as not already in force by S.I. 2014/3088, art. 2(a)