Sea Fisheries (Shellfish) Act 1967

• (d) require the owner or occupier of the land to allow the officer access to the land.

• (2) A British sea-fishery officer may—

• (a) exercise the power of entry under subsection (1) on foot or in a vehicle,

• (b) when exercising that power, take with the officer—

• (i) such persons as appear to the officer to be necessary,

• (ii) any equipment or material.

• (3) The power of entry under subsection (1)—

• (a) may not be exercised in relation to land in respect of which section 4B confers a power of entry, and

• (b) is without prejudice to the power of entry conferred by that section.

• (4) A British sea-fishery officer who proposes to exercise the power of entry conferred by subsection (1) must, if so required, produce evidence of the officer's identity.

Report to Parliament.

Proof of certain matters.

Power to search for, seize, etc. oysters, crabs and lobsters illegally in possession of any person, etc.

Power to search for, seize, etc. oysters, crabs and lobsters illegally in possession of any person, etc.

24A

• (1) Section 4CA binds the Crown and applies in relation to Crown land as it applies in relation to other land.

• (2) Nothing in that section is to be taken as in any way affecting Her Majesty in Her private capacity.

• (3) No contravention by the Crown of section 4D(2) in respect of a failure to comply with a requirement under a power conferred by section 4CA makes the Crown criminally liable.

• (4) But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (5) For the purposes of subsection (1), “ Crown land ” means land an interest in which—

• (a) belongs to Her Majesty in right of the Crown,

• (b) belongs to an office-holder in the Scottish Administration or a government department or is held in trust for Her Majesty for the purposes of the Scottish Administration or a government department.

• (6) In subsection (5), “ an office-holder in the Scottish Administration ” is to be construed in accordance with section 126(7)(a) of the Scotland Act 1998.

Citation, commencement and extent.

In section 4 for the words from “sections” where first occurring, to the end of the first paragraph there shall be substituted the words “the following provisions of the Sea Fisheries (Shellfish) Act 1967, that is to say, section 1(2), so far as it relates to Schedule 1, section 1(4) and (5), sections 6, 8 and 10 and Schedule 1, shall apply as if those provisions were re-enacted in this Act with the necessary modifications”.

Proof of certain matters.

Isle of Man and Channel Islands.

Citation, commencement and extent.

In section 4 for the words from “sections” where first occurring, to the end of the first paragraph there shall be substituted the words “the following provisions of the Sea Fisheries (Shellfish) Act 1967, that is to say, section 1(2), so far as it relates to Schedule 1, section 1(4) and (5), sections 6, 8 and 10 and Schedule 1, shall apply as if those provisions were re-enacted in this Act with the necessary modifications”.

Effect of grant of right of regulating a fishery.

Licensing powers in case of regulated fishery.

Powers of sea-fishery officers in relation to fishing boats to enforce regulated fishery

Powers of sea-fishery officers on land to enforce regulated fishery

Powers of British sea-fishery officers to seize fish and fishing gear

Sections 4A to 4CA: supplementary

Orders made by Welsh Ministers: protection of marine environment

5A

• (1) An order made by the Welsh Ministers under section 1 of this Act must contain—

• (a) such provision (if any) as the Welsh Ministers consider appropriate for the purpose of preventing harm to any European marine site identified in the order, and

• (b) such other provision (if any) as they consider appropriate for the purpose of protecting the marine environment.

• (2) For the purposes of this section, “ the marine environment ” includes—

• (a) the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features);

• (b) features of archaeological or historic interest in such areas;

• (c) flora and fauna which are dependent on, or associated with, a marine or coastal environment.

Appeal against site protection notice

5B

• (1) If it appears to the Welsh Ministers that harm to a European marine site has occurred, or is likely to occur, as a result of any activity—

• (a) carried on in the exercise of a right conferred by an order made by them under section 1 of this Act, or

• (b) authorised in pursuance of provision made by or under such an order which confers a right of regulating a fishery,

the Welsh Ministers may serve a site protection notice on the grantees of the order.

• (2) A site protection notice is a notice which requires the grantees to take steps specified in the notice for the purpose of preventing harm (or further harm) to the European marine site.

• (3) The provision that may be made by a site protection notice includes provision prohibiting, restricting or interfering with the exercise of any right conferred by the order.

• (4) A site protection notice must—

• (a) be in writing,

• (b) set out the reasons for giving the notice, and

• (c) specify the time by which, or the period for which, the steps specified in the notice must be taken.

• (5) The Welsh Ministers must consult the grantees of the order before serving a site protection notice on them, unless it appears to the Welsh Ministers that there is an urgent need to take steps to prevent harm (or further harm) to the European marine site.

• (6) The Welsh Ministers may vary or cancel a site protection notice by serving notice of the variation or cancellation on the grantees of the order.

• (7) The Welsh Ministers must publish every notice served by them under this section in such manner as they consider appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by it.

• (8) Provision under subsection (4)(c) may specify a time after, or a period which ends after, the expiry of the order; and in such a case, references in sections 5C and 5D of this Act to the grantees of the order are, in relation to any time after its expiry, references to the persons who were the grantees immediately before the order expired.

• (9) Subsections (2) to (7) of section 5 of this Act apply for the purposes of this section as they apply for the purposes of subsection (1) of that section.

5C

• (1) An appeal lies to the First-tier Tribunal against—

• (a) a site protection notice;

• (b) any provision of a site protection notice;

• (c) the variation of a site protection notice;

• (d) the refusal of a request for the variation or cancellation of a site protection notice.

• (2) An appeal may be brought—

• (a) in the case of an order made under section 1 of this Act which confers a right of several fishery, by the grantees of the order;

• (b) in the case of such an order which confers a right of regulating a fishery—

• (i) by the grantees of the order, or

• (ii) by a person authorised to carry on an activity in pursuance of provision made by or under the order who is affected by the site protection notice or variation.

• (3) Where an appeal is brought by a person mentioned in subsection (2)(b)(ii), the grantees of the order are entitled to be parties to the appeal.

• (4) The First-tier Tribunal may suspend a site protection notice, or a variation of such a notice, pending the determination of an appeal.

• (5) On an appeal the Tribunal may confirm, vary or cancel a site protection notice.

• (6) If the Tribunal varies or cancels the notice, it may order the Welsh Ministers to pay compensation to any other party to the appeal for loss or damage suffered by that party as a result of the notice.

5D

• (1) If the grantees of an order made under section 1 of this Act fail to comply with a site protection notice, the Welsh Ministers may themselves do anything that could be done by the grantees for the purpose of complying with the notice.

• (2) If the Welsh Ministers incur expenses in doing anything under subsection (1), they may recover those expenses from the grantees as a debt.

5E

• (1) This section applies where—

• (a) the Welsh Ministers have served a site protection notice on the grantees of an order made under section 1 of this Act,

• (b) the notice has not been cancelled under section 5B(6) or 5C(5) of this Act, and

• (c) no appeal under section 5C of this Act is pending.

• (2) The Welsh Ministers may vary or revoke the order to reflect the effect of the site protection notice.

• (3) Before making an order by virtue of this section, the Welsh Ministers must consult—

• (a) any persons who are entitled to a right of several fishery or a right of regulating a fishery in any part of the area to which the order relates, and

• (b) any other persons the Welsh Ministers think are likely to be interested in the order or affected by it.

• (4) For the purposes of subsection (1)(c), an appeal under section 5C is pending if—

• (a) an appeal under that section (or a further appeal) has been brought and has not been determined or withdrawn, or

• (b) an appeal under that section (or a further appeal) has not been brought but the period for bringing such an appeal is still running.

5F

• (1) In sections 5A to 5E of this Act—

• “ European marine site ” has the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8) ;

• “ the grantees ”, in relation to a right of several fishery, means the persons for the time being entitled to that right;

• “ harm ”, in relation to a European marine site, means— an adverse effect on the integrity of the site,the deterioration of a relevant natural habitat or of the habitat of a relevant species, orthe disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive.

• (2) For the purposes of the definition of “harm” in subsection (1)—

• a “relevant” natural habitat or species is one for which the site in question has been designated or classified as a European marine site;

• “ the Habitats Directive ” means Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora.

• (3) Sections 5A to 5E of this Act do not apply in relation to an order made under section 1 of this Act before the coming into force of Part 5 of the Environment (Wales) Act 2016.

Protection of fisheries.

Grants and loans for restoration of fisheries.

Jurisdiction to try certain offences and applications of certain fines.

Consequential amendments, repeals and transitional provisions.

Citation, commencement and extent.

In section 6 for the words “Part III of the Sea Fisheries Act 1868” there shall be substituted the words “section 1 of the Sea Fisheries (Shellfish) Act 1967”.

Protection of fisheries.

Grants and loans for restoration of fisheries.

Jurisdiction to try certain offences and applications of certain fines.

Consequential amendments, repeals and transitional provisions.

Citation, commencement and extent.

In section 6 for the words “Part III of the Sea Fisheries Act 1868” there shall be substituted the words “section 1 of the Sea Fisheries (Shellfish) Act 1967”.