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)

Byelaws for [F2 marine conservation: England and the English offshore region] U.K.

Textual Amendments

F2 Words in s. 129 cross-heading substituted (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 9 (with Sch. 4 para. 31)

129 Byelaws for protection of MCZs in England U.K.

(1) The MMO may make one or more byelaws for the purpose of furthering the conservation objectives stated for an MCZ in England.

(2) A byelaw under this section may be made so as to apply to any area in England.

(3) The provision that may be made by a byelaw under this section includes, in particular, provision—

(a) prohibiting or restricting entry into, or any movement or other activity within, the MCZ by persons or animals;

(b) prohibiting or restricting entry into, or any movement or other activity within, the MCZ by vessels or (where appropriate) vehicles;

(c) restricting the speed at which any vessel may move in the MCZ or in any specified area outside the MCZ where that movement might hinder the conservation objectives stated for the MCZ;

(d) prohibiting or restricting the anchoring of any vessel within the MCZ;

(e) prohibiting or restricting the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the MCZ;

(f) prohibiting or restricting the doing of anything in the MCZ which would interfere with the sea bed or damage or disturb any object in the MCZ.

(4) The provision that may be made by a byelaw under this section also includes provision prohibiting or restricting entry into, or any movement or other activity on, any part of the seashore that adjoins the MCZ by persons, animals or vehicles.

(5) A byelaw under this section may provide for the MMO to issue permits authorising anything which would, apart from such a permit, be unlawful under the byelaw.

(6) The MMO may attach to a permit under subsection (5) any condition which the MMO thinks appropriate to attach to that permit.

(7) A byelaw under this section may be made

[F3 (a) subject to specified exceptions or conditions;

(b) so as to cease to have effect after a specified period.]

(8) A byelaw under this section may make different provision for different cases, including (in particular)—

(a) different parts of the MCZ;

(b) different times of the year;

(c) different means or methods of carrying out any activity.

(9) In this section “specified” means specified in the byelaw.

Textual Amendments

F3 S. 129(7)(a)(b) substituted for words in s. 129(7) (23.1.2021) by Fisheries Act 2020 (c. 22), s. 54(4)(d), Sch. 10 para. 10 (with Sch. 4 para. 31)

Commencement Information

I1 S. 129 partly in force; s. 129 in force for specified purposes at 12.1.2010 see s. 324(2)(b)(i)