The Easington Lagoons (Area of Special Protection) Order 1987

Statutory Instruments

1987 No. 1163

WILDLIFE

The Easington Lagoons (Area of Special Protection) Order 1987

Made

6th July 1987

Coming into force

27th July 1987

The Secretary of State, in exercise of the powers conferred on him by section 3(1) of the Wildlife and Countryside Act 1981(1) (“the Act”) and of all other powers enabling him in that behalf, having complied with the requirements of sections 3(4) and 26(4) (a) and (b) of the Act and the requirements of section 3(5) of the Act being satisfied, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Easington Lagoons (Area of Special Protection) Order 1987 and shall come into force on 27th July 1987.

(2) In this Order—

“the Easington Lagoons Area of Special Protection” means the area specified in the Schedule to this Order; and

“the deposited map” means the map marked “Map referred to in the Easington Lagoons (Area of Special Protection) Order 1987” and signed by an Under Secretary in the Department of the Environment, which has been prepared in triplicate and of which one copy has been deposited, and is available for inspection, at the offices of the Holderness Borough Council, another has been deposited, and is available for inspection, at the offices of the Yorkshire Water Authority and the third has been deposited, and is available for inspection, at the offices of the Secretary of State for the Environment.

Area of special protection

2.  The area specified in the Schedule to this Order shall be an area of special protection for Little Terns (sterna albifrons), and the following provisions of this Order shall have effect with respect thereto.

Offences

3.  Subject to the provisions of the Act, any person who, within the Easington Lagoons Area of Special Protection, at any time intentionally—

(i) kills, injures or takes any Little Tern;

(ii) takes, damages or destroys the nest of such a bird while that nest is in use or being built;

(iii) takes or destroys an egg of such a bird;

(iv) disturbs such a bird while it is building a nest or is in, on or near a nest containing eggs or young; or

(v) disturbs dependent young of such a bird,

shall be guilty of an offence under section 3 of the Act and liable to a special penalty.

4.  Subject to the provisions of the Act, any person who enters into the Easington Lagoons Area of Special Protection between 1st April and 31st August in any year, shall be guilty of an offence under section 3 of the Act and liable to a special penalty.

SCHEDULE

The area within the County of Humberside known as Eastingon Lagoons and which is shown enclosed by a black line and cross hatched black on the deposited map.

Signed by authority of the Secretary of State

T.R. Hornsby

An Under Secretary in the

Department of the Environment

6th July 1987

Explanatory Note

(This note is not part of the Order)

This Order establishes the land owned by the Yorkshire Water Authority at Easington Lagoons in the County of Humberside as an area of special protection for the Little Tern under section 3 of the Wildlife and Countryside Act 1981 (“the Act”). The Order does not affect the exercise of rights by owners, lessees or occupiers of any land in the area or of rights granted by virtue of a licence or agreement.

Articles 3 and 4 of the Order make the acts described in those articles offences under section 3 of the 1981 Act and offenders liable to special penalties in accordance with section 21 of the Act.

(1)

1981 c. 69.