Legalize / United Kingdom / Public General Act

Marine and Coastal Access Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) Subsection (1) is subject to any provision to the contrary which is included in the order.

(3) An order under section 98 may include—

(a) such terms or conditions,

(b) such obligations or requirements,

as the authority making the order may determine.

(4) The provision that may be made under subsection (3) includes, in particular, provision (where appropriate) as to—

(a) the manner in which the delegate is to exercise any of the functions;

(b) the form and manner in which licence applications must be made to the delegate;

(c) the persons to whom notice of an application should be published under section 68, and the circumstances in which such notice should not be published;

(d) matters (in addition to those set out in section 69) to which the delegate must have regard in determining licence applications;

(e) the circumstances in which the delegate must exercise the power to consult under section 69(4), and the persons who must or may be consulted;

(f) the form and content of any licence granted;

(g) appeals from any decision of the delegate (whether to the licensing authority or any other person);

(h) any other provision that may be made by virtue of section 69(6).

(5) An order under section 98 may make different provision for different cases, different areas or different persons.

(6) Where an order has been made under section 98 that a person other than the appropriate licensing authority is to grant licences—

(a) that other person may (in accordance with subsections (1) to (3) and (7) of section 72) vary, suspend, revoke or transfer a licence granted before the making of the order, and

(b) any reference in those subsections to a licence granted by a licensing authority includes a reference to a licence granted by that other person.

Directions to persons as regards performance of delegated functions

100

(1) This section applies where any functions are exercisable by or in relation to a person by virtue of an order made under section 98 by a licensing authority.

(2) The authority may from time to time give directions to the person with respect to the performance of the functions.

(3) A person to whom directions are given under this section must comply with the directions.

(4) An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be affected by it.

Chapter 5 — Supplementary

Register

101

(1) Each licensing authority must maintain, as respects activities in relation to which it is the appropriate licensing authority and licences for those activities, a register of licensing information.

(2) The register must contain prescribed particulars of or relating to—

(a) applications for licences;

(b) licences granted;

(d) revocations of licences;

(e) information supplied in connection with any licence in pursuance of any provision of this Part;

(f) convictions for any offence under this Part;

(g) any other action taken to enforce any provision of this Part;

(h) occasions on which any remedial action has been taken;

(i) such other matters relating to licences or the licensable marine activities as may be prescribed.

(3) The register must be maintained in accordance with regulations made by the appropriate licensing authority.

(4) Each licensing authority must make arrangements—

(a) for its register to be available for inspection at all reasonable times by members of the public free of charge;

(b) for copies of entries in its register to be supplied, on request, to members of the public on payment of a reasonable charge.

(5) Information must not appear in the register if—

(a) the Secretary of State determines that its disclosure in the register would be contrary to the interests of national security, or

(b) the appropriate licensing authority determines that its disclosure in the register would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate commercial interest.

(6) The appropriate licensing authority must review a determination to exclude information under subsection (5)(b) every four years.

(7) On a review under subsection (6) the authority must include the information in the register unless, on the application of any person to whom the information relates, the authority determines that it should continue to be excluded.

(8) Where information of any description is excluded from a register by virtue of subsection (5)(b), a statement must be entered in the register indicating the existence of information of that description.

(9) In this section “prescribed” means prescribed in regulations made under this section.

Stop notices and emergency safety notices

Notice to stop activity causing serious harm etc

102

(1) If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a stop notice to that person.

(2) A stop notice is a notice prohibiting a person from carrying on an activity specified in the notice.

(3) This subsection is satisfied if a person is carrying on, or is likely to carry on, a licensable marine activity (whether or not in accordance with a marine licence).

(4) This subsection is satisfied if the carrying on of the activity to be specified in the notice—

(a) is causing, or is likely to cause, any of the effects in subsection (5), or

(b) is creating, or is likely to create, an imminent risk of any of those effects.

(5) The effects are—

(a) serious harm to the environment;

(b) serious harm to human health;

(6) A stop notice (in addition to specifying the activity to which it relates)—

(a) must state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;

(b) must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case);

(c) may require the person to take such steps as the authority considers appropriate to ensure that the cessation of the activity takes place safely.

(7) Except in a case falling within subsection (9), a stop notice—

(a) ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but

(b) may be renewed for a period specified in a further notice.

(8) A stop notice may be renewed more than once under subsection (7)(b), but not so that it has effect for an aggregate period exceeding 35 days.

(9) If a stop notice relating to a licensable marine activity is issued to a person who does not hold a marine licence authorising that activity, the stop notice may remain in force until such time (if any) as such a licence is granted to that person.

Further provision as to stop notices

103

(1) Any stop notice issued by an enforcement authority—

(a) must be served on any person carrying on, or in control of, the activity to which the notice relates, and

(b) if a marine licence has been granted in relation to that activity, may also be served on the licensee.

(2) An enforcement authority may by a further notice—

(a) revoke a stop notice;

(b) vary a stop notice so as to substitute a later date for the date specified in accordance with section 102(6)(b).

(3) A person who fails to comply with a stop notice commits an offence.

(4) A person guilty of an offence under subsection (3) is liable—

(a) on summary conviction, to a fine not exceeding £50,000a fine;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Emergency safety notices

104

(1) This section applies if it appears to an enforcement authority that serious interference with legitimate uses of the sea is occurring, or is likely to occur, in its area as a result of—

(a) any works for the carrying out of which a marine licence is or was needed, or

(b) any substantial and unforeseen change in the state or position of any such works.

(2) The enforcement authority may issue a notice (an “emergency safety notice”) to any person who is in control of the works to which the notice relates.

(3) By issuing an emergency safety notice to a person, the enforcement authority imposes on that person such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (4).

(4) Those matters are—

(a) the provision of lights, signals or other aids to navigation;

(b) the stationing of guard ships.

(5) An emergency safety notice (in addition to specifying the requirements which it imposes)—

(a) must state the enforcement authority's grounds for believing that serious interference with legitimate uses of the sea is occurring or is likely to occur,

(b) must state the date and time from which the requirements are to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case), and

(c) may require the person to take such steps as the authority considers appropriate to ensure that compliance with the requirements takes place safely.

Further provision as to emergency safety notices

105

(1) An emergency safety notice issued by an enforcement authority must be served on each of the following—

(a) if a marine licence has been granted authorising the carrying out of the works, the licensee,

(b) if there is in effect a stop notice which relates to the works, any person on whom the stop notice was served.

(2) An enforcement authority may by a further notice—

(a) revoke an emergency safety notice;

(b) vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 104(5)(b).

(3) A person who fails to comply with an emergency safety notice commits an offence.

(4) A person guilty of an offence under subsection (3) is liable—

(a) on summary conviction, to a fine not exceeding £50,000a fine;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Other powers

Power to take remedial action

106

(1) This section applies if it appears to the appropriate licensing authority for an area that a licensable marine activity has been carried on in its area otherwise than under a licence and in accordance with its conditions.

(2) The authority may carry out any works that appear to it to be necessary or expedient for any one or more of the following purposes—

(a) protecting the environment;

(b) protecting human health;

(d) preventing or minimising, or remedying or mitigating the effects of, any harm or interference falling within subsection (3);

(e) restoring (whether in whole or in part) the condition of any place affected by any such harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred.

(3) The harm or interference mentioned in subsection (2)(d) and (e) is any of the following which has been, is being, or is likely to be, caused by the carrying on of the licensable marine activity—

(a) harm to the environment;

(b) harm to human health;

Power to test, and charge for testing, certain substances

107

(1) A licensing authority may, at the request of any person, conduct tests for the purpose of ascertaining the probable effect on the marine environment of using any of the following substances—

(a) any marine chemical treatment substance;

(b) any marine oil treatment substance;

(2) In this section—

“marine chemical treatment substance” means any substance used or intended to be used for treating chemicals—on the surface of the sea or of the sea bed;in the case of a wash-off substance, on any surface of a marine structure;

“marine oil treatment substance” means any substance used or intended to be used for treating oil on the surface of the sea;

“marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter—from the surface of the sea or of the sea bed;in the case of a wash-off substance, from any surface of a marine structure or vessel at times when the structure or vessel is in the sea or on the sea bed;

“surface fouling matter” means any fouling, and includes, in particular,—any algae;any surface oil or chemical residue;

“surface oil or chemical residue” means any residual matter on a surface after the removal, or substantial removal, of any oil or chemical (whether by natural processes, or by treatment, or in any other way);

“wash-off substance”, in relation to a marine structure or vessel, means any substance which, if used on a surface of the marine structure or vessel, will or might (whether in whole or to a significant extent)—be removed from that surface, andbe deposited in the sea,whether by natural processes, or by treatment, or in any other way.

(3) A licensing authority may recover any expenses reasonably incurred in conducting any tests under subsection (1) from any person at whose request those tests were conducted.

Appeals against notices under this Part

Appeals against notices

108

(1) The appropriate licensing authority must by regulations make provision for any person to whom a notice is issued under section 72, 90, 91, 102 or 104 to appeal against that notice.

(2) The regulations required by subsection (1) must come into force on the day on which this Part comes into force.

(2A) The Welsh Ministers must by regulations make provision for any person to whom a notice is issued under section 72A(7) or 107A(4) to appeal against that notice.

(3) Regulations under this section may include—

(a) provision as to the procedure to be followed with respect to an appeal;

(b) provision suspending the notice pending determination of the appeal;

(d) provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

Offences: supplementary provision

General defence of due diligence

109

(1) In any proceedings for an offence under this Part, it is a defence for the person charged (“the defendant”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The defence provided by subsection (1) is to be taken to be established if the defendant—

(a) acted under an employer's instructions,

(b) did not know and had no reason to suppose that the acts done constituted a contravention of the provision in question, and

(3) The defence provided by subsection (1) is to be taken to be established if the defendant—

(a) acted in reliance on information supplied by another person,

(b) did not know and had no reason to suppose that the information was false or misleading, and

(4) Subsections (2) and (3) do not affect the generality of subsection (1).

(5) If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to—

(a) an act or default of another person (other than the giving of instructions to the defendant by an employer), or

(b) reliance on information supplied by another person,

the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in subsection (6) is satisfied.

(6) The requirement is that—

(a) at least seven clear days before the hearing, and

(b) if the defendant has previously appeared before a court in connection with the alleged offence, within one month of the first such appearance,

the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.

Offences: jurisdiction

110

Proceedings for an offence under this Part may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

Application to the Crown

111

(1) The provisions of this Part bind the Crown.

This is subject to the following provisions of this section.

(2) No contravention by the Crown of any provision of this Part is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate licensing authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), the provisions of this Part apply to persons in the public service of the Crown as they apply to other persons.

(4) The Secretary of State may certify that it appears to the Secretary of State that, as respects—

(a) any Crown land specified in the certificate, and

(b) any powers of entry so specified which are exercisable in relation to that land,

it is necessary or expedient that, in the interests of national security, the powers should not be exercisable in relation to the land.

(5) If the Secretary of State issues a certificate under subsection (4), the powers specified in the certificate are not exercisable in relation to the land so specified.

(6) For the purposes of subsection (4) “Crown land” means land held or used by or on behalf of the Crown.

(7) Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity or in right of Her Duchy of Lancaster, or the Duke of Cornwall.

Consequential and transitional provision

Amendments and transitional provision

112

(1) Schedule 8 (which makes minor and consequential amendments) has effect.

(2) Schedule 9 (which makes transitional provision) has effect.

Interpretation

The appropriate licensing authority

113

(1) This section has effect for determining who is the appropriate licensing authority for any area (and any licensable marine activity carried on in that area).

(2) In relation to the Scottish offshore region, the appropriate licensing authority is—

(a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (3);

(b) except as provided by paragraph (a), the Scottish Ministers.

(3) The activities are—

(a) any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46) (but see also section 77 above (this Part not to apply to certain oil and gas etc activities));

(b) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 in Part 1 of that Schedule (defence);

(4) In relation to Wales, the Welsh inshore region and the Welsh offshore region, the appropriate licensing authority is—

(a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (5);

(b) except as provided by paragraph (a), the Welsh Ministers.

(5) The activities are—

(a) any activity concerning or arising from the exploration for, or production of, petroleum (but see also section 77 (this Part not to apply to certain oil and gas etc activities));

(b) any defence activity other than an excepted activity.

(c) in relation to the Welsh offshore region, any activity falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc).

Subsection (9) supplements this subsection.

(6) In relation to Northern Ireland and the Northern Ireland inshore region, the appropriate licensing authority is—

(a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (7);

(b) except as provided by paragraph (a), the Department of the Environment in Northern Ireland.

(7) The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (defence of the realm etc).

(8) In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.

(9) In subsection (5)—

“defence activity” means any activity relating to—the defence of the realm;the naval, military or air forces of the Crown, including reserve forces;visiting forces;international headquarters and defence organisations;trading with the enemy and enemy property;

“excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of—any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, orany other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;

“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).

Meaning of “enforcement authority”

114

(1) This section has effect for determining who is an enforcement authority for any area.

(2) For the purposes of sections 90 to 97 and 102 to 105 (and any other provisions of this Part so far as relating to those sections) the appropriate licensing authority for any area is an enforcement authority for that area.

(3) For the purposes of sections 90, 92 (so far as relating to section 90) and 102 to 105 (and any other provisions of this Part (except sections 91 and 93 to 97) so far as relating to those sections) each of the following persons is also an enforcement authority—

(a) in relation to the relevant enforcement area (within the meaning of section 236), any marine enforcement officer (as defined in section 235);

(b) in relation to the relevant enforcement area (within the meaning of section 240), any person appointed under section 240;

(c) in relation to the relevant enforcement area (within the meaning of section 241), any person appointed under section 241;

(d) in relation to the Scottish offshore region, any person appointed under section 242.

(4) A person is an enforcement authority by virtue of subsection (3) (so far as relating to the sections specified in that subsection) only to the extent that the person may exercise powers for the purposes of enforcing this Part.

Interpretation of this Part

115

(1) In this Part—

“appropriate enforcement authority”, in the case of any area and any provision of this Part, means any authority which is an enforcement authority for that area for the purposes of that provision;

“the appropriate licensing authority” has the meaning given by section 113;

“British aircraft” means an aircraft registered in the United Kingdom;

“British marine structure” means a marine structure owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;

“British vessel” means a vessel—which is registered in the United Kingdom,which falls within section 1(1)(d) of the Merchant Shipping Act 1995 (c. 21) (small ships), orwhich is exempt from registration under section 294 of that Act;

“compliance notice” means a notice issued under section 90;

“emergency safety notice” means a notice issued under section 104;

“enforcement authority” has the meaning given by section 114;

“fixed monetary penalty” has the meaning given by section 93(3);

“licensable marine activity” is to be read in accordance with section 66;

“licensing authority” means—the Secretary of State;the Welsh Ministers;the Scottish Ministers;the Department of the Environment in Northern Ireland;

“marine licence” means a licence granted under this Part;

“marine structure” means a platform or other artificial structure at sea, other than a pipeline;

“remediation notice” means a notice issued under section 91;

“stop notice” means a notice issued under section 102;

“the UK marine licensing area” has the meaning given by section 66(4);

“variable monetary penalty” has the meaning given by section 95(3);

“vessel” includes—hovercraft, andany other craft capable of travelling on, in or under water, whether or not self-propelled.

(2) In this Part any reference to the environment includes a reference to any site (including any site comprising, or comprising the remains of, any vessel, aircraft or marine structure) which is of historic or archaeological interest.

Part 5 — Nature conservation

Chapter 1 — Marine conservation zones and management of sea fisheries

Designation of zones

Marine conservation zones

116

(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 or the Welsh offshore region, the Welsh Ministers;

(b) in relation to an area in the Scottish offshore region, the Scottish Ministers;

(5A) 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.

Grounds for designation of MCZs

117

(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;

(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) Any reference in this Chapter 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) Any reference in this Chapter 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 in this Chapter 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.

Further provision as to orders designating MCZs

118

(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.

Consultation before designation

119

(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 or 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—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Publication of orders designating MCZs

120

(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).

Hearings by appropriate authority

121

(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.

Amendment, revocation and review of orders designating MCZs

122

(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.

Duties relating to network

Creation of network of conservation sites

123

(1) In order to contribute to the achievement of the objective in subsection (2), the appropriate authority must designate MCZs under section 116.

(2) The objective is that the MCZs designated by the appropriate authority, taken together with any other MCZs designated under section 116 and any relevant conservation sites in the UK marine area, form a network which satisfies the conditions in subsection (3).

(3) The conditions are—

(a) that the network contributes to the conservation or improvement of the marine environment in the UK marine area;

(b) that the features which are protected by the sites comprised in the network represent the range of features present in the UK marine area;

(c) that the designation of sites comprised in the network reflects the fact that the conservation of a feature may require the designation of more than one site.

(4) For the purposes of subsection (2), the following are “relevant conservation sites”—

(a) any European marine site;

(b) the whole or part of any SSSI;

(5) When complying with the duty imposed by subsection (1), the appropriate authority must have regard to any assimilated obligations or obligations under international law that relate to the conservation or improvement of the marine environment.

(6) Before the end of the period of 2 months beginning with the date on which this section comes into force, the appropriate authority must—

(a) prepare a statement setting out such principles relating to the achievement of the objective in subsection (2) as the authority intends to follow when complying with the duty imposed by subsection (1), and

(b) lay a copy of the statement before the appropriate legislature.

(7) A statement prepared by the appropriate authority under this section may also set out other matters relating to the achievement of that objective which the authority intends to take into account when complying with the duty imposed by subsection (1).

(8) The appropriate authority must—

(a) keep under review any statement it has prepared under this section, and

(b) if it considers it appropriate in consequence of a review, prepare a revised statement of the principles referred to in subsection (6) and lay a copy of it before the appropriate legislature.

(9) In this section—

“the appropriate legislature” means—

(a) in relation to the Secretary of State, Parliament;

(b) in relation to the Welsh Ministers, the National Assembly for Wales;

“European marine site” means any site which is—

(a) a European marine site within the meaning of —

(i) the Conservation (Natural Habitats, &c) Regulations 1994 ( S.I. 1994/2716), or

(ii) the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8), or

(b) a European offshore marine site within the meaning of the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013),

“ feature ” means anything falling within paragraphs (a) to (c) of section 117(1);

“ Ramsar site ” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 (c. 69);

“ SSSI ” means a site of special scientific interest, within the meaning of Part 2 of that Act.

Report

124

(1) Before the end of every relevant period, the appropriate authority must lay before the appropriate legislature a report setting out—

(a) the extent to which, in the opinion of the authority, the objective in section 123(2) has been achieved;

(b) any further steps which, in the opinion of the authority, are required to be taken in order to contribute to the achievement of that objective.

(2) The report must also contain the following information—

(a) the number of MCZs which the authority has designated during the relevant period;

(b) in relation to each such MCZ—

(i) the size of the MCZ, and

(ii) the conservation objectives which have been stated for the MCZ;

(c) the number of MCZs designated by the authority in which the following activities are prohibited or significantly restricted—

(i) any licensable marine activity;

(ii) fishing for or taking animals or plants from the sea;

(d) information about any amendments which the authority has made to any orders made under section 116;

(e) the extent to which, in the opinion of the authority, the conservation objectives stated for each MCZ which it has designated have been achieved;

(f) any further steps which, in the opinion of the authority, are required to be taken in relation to any MCZ in order to achieve the conservation objectives stated for it.

(3) For the purposes of complying with its duty under this section, the appropriate authority for any area may direct the appropriate statutory conservation body for that area to carry out such monitoring of MCZs in that area as is specified in the direction.

(4) A body that is given a direction under subsection (3) must comply with it.

(5) In this section—

“the appropriate legislature” means—in relation to the Secretary of State, Parliament;in relation to the Welsh Ministers, the National Assembly for Wales;in relation to the Scottish Ministers, the Scottish Parliament;

“licensable marine activity” has the same meaning as in Part 4;

“relevant period” means—the period beginning on the date on which this section comes into force and ending on 31 December 2012;each subsequent period of six years.

Duties of public authorities

General duties of public authorities in relation to MCZs

125

(1) This section applies to any public authority having any function the exercise of which is capable of affecting (other than insignificantly)—

(a) the protected features of an MCZ;

(b) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

(2) Every public authority to which this section applies must (so far as is consistent with their proper exercise)—

(a) exercise its functions in the manner which the authority considers best furthers the conservation objectives stated for the MCZ;

(b) where it is not possible to exercise its functions in a manner which furthers those objectives, exercise them in the manner which the authority considers least hinders the achievement of those objectives.

(3) If a public authority considers that any of its functions is such that the exercise of the function would or might significantly hinder the achievement of the conservation objectives for an MCZ, it must inform the appropriate statutory conservation body of that fact.

(4) Subject to subsection (6), subsection (5) applies in any case where a public authority intends to do an act which is capable of affecting (other than insignificantly)—

(a) the protected features of an MCZ;

(b) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

(5) If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the appropriate statutory conservation body of that fact.

(6) Subsection (5) does not apply where—

(a) the appropriate statutory conservation body has given the authority advice or guidance under section 127 in relation to acts of a particular description,

(b) the act which the authority intends to do is an act of that description, and

(7) Where the authority has given notification under subsection (5), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to do the act.

(8) Subsection (7) does not apply where—

(a) the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or

(b) the authority thinks that there is an urgent need to do the act.

(9) If a public authority considers that a relevant event has occurred, it must inform—

(a) the relevant authority, and

(b) the appropriate statutory conservation body,

of that fact.

(10) A “relevant event” is any act—

(a) in relation to which the public authority exercises functions,

(b) which the authority believes to be an offence, and

(c) which the authority considers will or may significantly hinder the achievement of the conservation objectives for an MCZ.

(11) For the purposes of subsection (9) “relevant authority” means—

(a) in relation to an MCZ in Wales or the Welsh offshore region, the Welsh Ministers;

(b) in relation to an MCZ in the Scottish offshore region, the Scottish Ministers;

(12) In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the appropriate statutory conservation body under section 127.

(12A) This section does not apply to the exercise by a public authority of functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).

(13) In this section—

“act” includes omission;

“public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Duties of public authorities in relation to certain decisions

126

(1) This section applies where—

(a) a public authority has the function of determining an application (whenever made) for authorisation of the doing of an act, and

(b) the act is capable of affecting (other than insignificantly)—

(i) the protected features of an MCZ;

(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

(2) If the authority believes that there is or may be a significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, the authority must notify the appropriate statutory conservation body of that fact.

(3) Where the authority has given notification under subsection (2), it must wait until the expiry of the period of 28 days beginning with the date of the notification before deciding whether to grant authorisation for the doing of the act.

(4) Subsection (3) does not apply where—

(a) the appropriate statutory conservation body notifies the authority that it need not wait until the end of the period referred to in that subsection, or

(b) the authority thinks that there is an urgent need to grant authorisation for the doing of the act.

(5) The authority must not grant authorisation for the doing of the act unless the condition in subsection (6) or the condition in subsection (7) is met.

(6) The condition in this subsection is that the person seeking the authorisation satisfies the authority that there is no significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ.

(7) The condition in this subsection is that, although the person seeking the authorisation is not able to satisfy the authority that there is no significant risk of the act hindering the achievement of the conservation objectives stated for the MCZ, that person satisfies the authority that—

(a) there is no other means of proceeding with the act which would create a substantially lower risk of hindering the achievement of those objectives,

(b) the benefit to the public of proceeding with the act clearly outweighs the risk of damage to the environment that will be created by proceeding with it, and

(c) the person seeking the authorisation will undertake, or make arrangements for the undertaking of, measures of equivalent environmental benefit to the damage which the act will or is likely to have in or on the MCZ.

(8) The reference in subsection (7)(a) to other means of proceeding with an act includes a reference to proceeding with it—

(a) in another manner, or

(b) at another location.

(9) In a case falling within subsection (7), the authority must, if it has power to grant the authorisation subject to conditions, exercise that power so as to make it a condition of the authorisation that the measures mentioned in subsection (7)(c) are undertaken.

(10) In carrying out its duties under this section a public authority must have regard to any advice or guidance given by the appropriate statutory conservation body under section 127.

(11) In this section—

“act” includes omission;

“authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general;

“damage” includes the prevention of an improvement;

“public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Advice and guidance by conservation bodies

127

(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.

Failure to comply with duties etc

128

(1) This section applies if, in the opinion of the appropriate statutory conservation body, a public authority has failed—

(a) to comply with the duty imposed by section 125(2) or the duty imposed by section 126(5);

(b) to act in accordance with advice or guidance given by the appropriate statutory conservation body under section 127.

(2) Where this section applies—

(a) the body may request from the authority an explanation for the failure, and

(b) on such a request, the authority must provide such an explanation in writing.

(3) In this section “public authority” does not include a Northern Ireland Minister or Northern Ireland department.

Byelaws for marine conservation: England and the English offshore region

Byelaws for protection of MCZs in England

129

(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

(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;

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

Byelaws: procedure

130

(1) Before making a byelaw under section 129 , 129A or 129B, the MMO must comply with subsections (2) to (7) of this section.

This is subject to subsection (11).

(2) If the byelaw is made under section 129 or 129A and would or might affect any activity in Wales, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers.

(2A) If the byelaw is made under section 129B and—

(a) the byelaw would or might affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of a draft of the byelaw to the Welsh Ministers;

(b) the byelaw would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of a draft of the byelaw to the Scottish Ministers;

(c) the byelaw would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of a draft of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(3) The MMO must place a copy of a draft of the byelaw in such place or places as the MMO thinks is or are likely to be most convenient for the purpose of enabling the draft to be inspected by persons likely to be affected by the making of the byelaw.

(4) The MMO must provide a copy of a draft of the byelaw to any person who requests one.

(5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4).

(6) The MMO must publish notice of its proposal to make the byelaw.

(7) The notice under subsection (6) must—

(a) be published in such manner as the MMO 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 byelaw;

(b) state where the copy or copies of the draft byelaw have been placed by the MMO in accordance with subsection (3);

(8) A byelaw made under section 129 , 129A or 129B does not have effect until it is confirmed by the Secretary of State; and a byelaw which is confirmed comes into force—

(a) on such date as may be determined by the Secretary of State, or

(b) if no such date is determined, one month after the date on which it is confirmed.

(9) As soon as is reasonably practicable after the confirmation of a byelaw made under section 129 , 129A or 129B, the MMO must publish notice of the making of the byelaw.

(10) The notice under subsection (9) must—

(a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b) state that a copy of the byelaw may be inspected at the offices of the MMO.

(11) Nothing in this section applies in relation to a byelaw made by virtue of section 131 (emergency byelaws).

Emergency byelaws

131

(1) Where the MMO thinks that there is an urgent need to protect an MCZ, a byelaw made by it for that purpose under section 129 has effect without being confirmed by the Secretary of State.

(1A) Where the MMO thinks that there is an urgent need to protect the English offshore region, a byelaw made by it under section 129B for that purpose has effect without being confirmed by the Secretary of State.

(2) A byelaw that has effect by virtue of this section (an “emergency byelaw”)—

(a) comes into force on a date specified in the byelaw, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the byelaw.

(3) The MMO must publish notice of the making of an emergency byelaw.

(4) The notice under subsection (3) must—

(a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b) state that a copy of the byelaw may be inspected at the offices of the MMO;

(c) state that the Secretary of State has power to revoke the byelaw and that any person affected by the making of the byelaw may make representations to the Secretary of State.

(5) The Secretary of State may revoke an emergency byelaw.

(6) The MMO must keep under review the need for an emergency byelaw to remain in force.

(7) The MMO may, by further byelaw, provide that an emergency byelaw is to remain in force for such period beyond that specified under subsection (2)(b) as is specified in the further byelaw.

(8) The MMO may not make a byelaw under subsection (7) unless—

(a) it intends to make a byelaw under section 129 in respect of the MCZ , or under section 129B in respect of the English offshore region, in accordance with section 130 (“the permanent byelaw”), and

(b) it has, in respect of the permanent byelaw, complied with section 130(6).

(9) A period specified under subsection (7) may not exceed 6 months.

Interim byelaws

132

(1) The MMO may make one or more byelaws for the purpose of protecting any feature in an area in England if the MMO thinks—

(a) that there are or may be reasons for the Secretary of State to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(1A) The MMO may make one or more byelaws relating to the exploitation of sea fisheries resources in the English offshore region for the purpose of protecting any feature in an area in that region if the MMO thinks—

(a) that there are or may be reasons for the Secretary of State to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(2) In this Chapter “interim byelaw” means a byelaw made under subsection (1) or (1A).

(3) An interim byelaw must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(4) Subsections (2) to (9) of section 129 apply to a byelaw made under subsection (1) as they apply to a byelaw made under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim byelaw applies.

(4A) Section 129C applies to a byelaw made under subsection (1A) as it applies to a byelaw made under section 129A or 129B.

(5) An interim byelaw—

(a) comes into force on a date specified in the byelaw, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the byelaw.

(6) The MMO must publish notice of the making of an interim byelaw.

(7) The notice under subsection (6) must—

(a) be published in such manner as the MMO thinks is most likely to bring the byelaw to the attention of any persons who are likely to be affected by the making of it;

(b) state that a copy of the byelaw may be inspected at the offices of the MMO;

(c) state that the Secretary of State has power to revoke the byelaw and that any person affected by the making of the byelaw may make representations to the Secretary of State.

(8) The Secretary of State may revoke an interim byelaw.

(9) The MMO must keep under review the need for an interim byelaw to remain in force.

(10) The MMO may by further byelaw extend the period for which an interim byelaw remains in force; but an interim byelaw may not by virtue of this subsection remain in force for an aggregate period exceeding 12 months.

(11) If, while an interim byelaw is in force, the Secretary of State gives notice of a proposal to make an order under section 116 designating any part of the area in question as an MCZ, the Secretary of State may direct that the interim byelaw is to remain in force—

(a) until the Secretary of State has decided whether to make the order under section 116;

(b) if the Secretary of State decides to make such an order, until that order comes into effect.

(12) The Secretary of State must publish a direction under subsection (11) in such manner as the Secretary of State thinks is most likely to bring the direction to the attention of any persons who are likely to be affected by the making of it.

(13) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

Further provision as to byelaws

133

(1) This section applies to any byelaw made under section 129 , 129A, 129B or 132(1) or (1A).

(2) A byelaw to which this section applies is to be made under the common seal of the MMO.

(3) If a byelaw to which this section applies is made under section 129, 129A or 132(1) and will or may affect any activity in Wales, the MMO must send a copy of the byelaw to the Welsh Ministers.

(3A) If the byelaw is made under section 129B or 132(1A) and—

(a) the byelaw will or may affect the exploitation of sea fisheries resources in the Welsh offshore region, the MMO must send a copy of the byelaw to the Welsh Ministers;

(b) the byelaw will or may affect the exploitation of sea fisheries resources in the Scottish offshore region, the MMO must send a copy of the byelaw to the Scottish Ministers;

(c) the byelaw will or may affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, the MMO must send a copy of the byelaw to the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

(4) The MMO must—

(a) make a copy of any byelaw to which this section applies available for inspection at its offices at all reasonable hours without payment;

(b) provide a copy of any such byelaw to any person who requests one.

(5) The MMO may charge a fee, not exceeding its costs, for providing a copy under subsection (4)(b).

(6) In the case of a byelaw made under section 129 or 129A in accordance with section 130, subsections (3) and (4) above apply only after the byelaw has been confirmed under section 130(8).

(6A) In the case of a byelaw made under section 129B in accordance with section 130, subsection (3A) applies only after the byelaw has been confirmed under section 130(8).

(7) A byelaw to which this section applies may be amended or revoked by a further byelaw.

Orders for marine conservation: Wales and the Welsh offshore region

Orders for protection of MCZs in Wales

134

(1) The Welsh Ministers may make one or more orders for the purpose of furthering the conservation objectives stated for an MCZ in Wales.

(2) An order under this section may be made so as to apply to any area in Wales.

(3) Subsections (3), (4) and (7) to (9) of section 129 apply in relation to an order under this section as they apply in relation to a byelaw under that section.

(4) An order under this section may provide for the Welsh Ministers to issue permits authorising anything which would, apart from such a permit, be unlawful under the order.

(5) The Welsh Ministers may attach to a permit under subsection (4) any condition which the Welsh Ministers think appropriate to attach to that permit.

(6) An order under this section may be made in respect of more than one MCZ; and in relation to any order so made any reference in this section (or in section 129 as applied by this section) to an MCZ is a reference to any or all of the MCZs in respect of which the order is made.

Consultation etc regarding orders under section 134

135

(1) Before making an order under section 134 or 134A, the Welsh Ministers must consult—

(a) the Secretary of State, and

(b) any other person whom they think fit to consult.

(1A) Before making an order under section 134B the Welsh Ministers must—

(a) consult the Secretary of State,

(b) if the order would or might affect the exploitation of sea fisheries resources in the English offshore region, consult the MMO,

(c) if the order would or might affect the exploitation of sea fisheries resources in the Scottish offshore region, consult the Scottish Ministers,

(d) if the order would or might affect the exploitation of sea fisheries resources in the Northern Ireland offshore region, consult the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, and

(e) consult any other person whom they think fit to consult.

(2) The Welsh Ministers must publish notice of the making of an order under section 134 , 134A or 134B.

(3) The notice under subsection (2) must—

(a) be published in such manner as the Welsh Ministers think 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) Where the Welsh Ministers think that there is an urgent need to make an order under section 134 , 134A or 134B—

(a) subsections (1) and (1A) do not apply in relation to the making of that order, and

(b) the notice under subsection (2) must also state that any person affected by the making of the order may make representations to the Welsh Ministers.

Interim orders

136

(1) The Welsh Ministers may make one or more orders for the purpose of protecting any feature in an area in Wales if they think—

(a) that there are or may be reasons to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(1A) The Welsh Ministers may make one or more orders relating to the exploitation of sea fisheries resources in the Welsh offshore region for the purpose of protecting any feature in an area in that region if they think—

(a) that there are or may be reasons to consider whether to designate the area as an MCZ, and

(b) that there is an urgent need to protect the feature.

(2) In this Chapter “interim order” means an order under subsection (1) or (1A).

(3) An interim order must contain a description of the boundaries of the area to which it applies (which must be no greater than is necessary for the purpose of protecting the feature in question).

(4) Subsections (2) to (5) of section 134 apply to an order made under subsection (1) as they apply to an order under that section, except that any reference to an MCZ is to be read as a reference to the area to which the interim order applies.

(4A) Section 134C applies to an order made under subsection (1A) as it applies to an order made under section 134A or 134B.

(5) An interim order—

(a) comes into force on a date specified in the order, and

(b) remains in force (unless revoked) for such period, not exceeding 12 months, as is specified in the order.

(6) The Welsh Ministers must publish notice of the making of an interim order.

(7) The notice under subsection (6) must—

(a) be published in such manner as the Welsh Ministers think 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;

(8) The Welsh Ministers must keep under review the need for an interim order to remain in force.

(9) The Welsh Ministers may by further order extend the period for which an interim order remains in force.

(10) In this section “feature” means any flora, fauna, habitat or feature which could be a protected feature if the area in question were designated as an MCZ.

Further provision as to orders made under section 134 or 136

137

(1) This section applies to any order made under section 134 , 134A, 134B or 136(1) or (1A).

(2) The Welsh Ministers must send a copy of any order to which this section applies to the Secretary of State and (in the case of an order under section 134B) to any person consulted under section 135(1A).

(3) The Welsh Ministers must—

(a) make a copy of any order to which this section applies available for inspection at such place as they think fit for that purpose at all reasonable hours without payment;

(b) provide a copy of any such order to any person who requests one.

(4) Subject to subsection (5), an order to which this section applies may make such provision amending, modifying or excluding any statutory provision of local application which has effect in the area to which the order relates as the Welsh Ministers think is necessary or expedient in consequence of the order.

(5) An order to which this section applies may not amend, modify or exclude any statutory provision of local application which was made by the Secretary of State unless the Secretary of State consents.

(6) An order to which this section applies may be amended or revoked by a further order.

(7) In this section “statutory provision” means—

(a) provision of an Act of Parliament, or

(b) provision of an instrument made under an Act of Parliament.

Hearings

Hearings by Secretary of State or Welsh Ministers

138

(1) This section applies where the Secretary of State has the function of—

(a) deciding (under section 130(8)) whether to confirm a byelaw made under this Chapter;

(b) deciding (under section 131(5)) whether to revoke an emergency byelaw;

(2) This section also applies where the Welsh Ministers have the function of—

(a) deciding whether to make an order under section 134 , 134A or 134B;

(b) deciding whether to make an interim order under section 136(1) or (1A).

(2A) This section also applies where the Scottish Ministers have the function of—

(a) deciding whether to make an order under section 137A;

(b) deciding whether to make an order under section 137C.

(2B) This section also applies where the Department of Agriculture, Environment and Rural Affairs in Northern Ireland has the function of —

(a) deciding whether to make an order under section 137E;

(b) deciding whether to make an order under section 137G.

(3) The Secretary of State or (as the case may be) the Welsh Ministers , the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland 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.

(4) The Secretary of State or (as the case may be) the Welsh Ministers , the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (3).

(5) A person appointed under subsection (3) must make a report to the Secretary of State or (as the case may be) the Welsh Ministers , the Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland of any oral or written representations made under that subsection.

Offences

Offence of contravening byelaws or orders

139

(1) It is an offence for a person to contravene—

(a) any byelaw made under section 129 , 129A, 129B or 132(1) or (1A);

(b) any order made under section 134 , 134A, 134B, 136(1) or (1A), 137A, 137C, 137E or 137G.

(2) A person who is guilty of an offence under this section in respect of a contravention of—

(a) a byelaw made under section 129 or 129A,

(b) a byelaw made under section 132(1),

(d) an order made under section 136(1),

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2A) A person who is guilty of an offence under this section in respect of a contravention of a byelaw or order not specified in subsection (2) is liable—

(a) on conviction on indictment, to a fine, or

(b) on summary conviction, to a fine (in Scotland or Northern Ireland, not exceeding the statutory maximum).

(3) In this section “contravene” includes fail to comply.

(4) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

Offence of damaging etc protected features of MCZs

140

(1) A person is guilty of an offence under this section if—

(a) the person without lawful excuse does a prohibited act,

(b) at the time of doing that act, the person knows, or ought to have known, that the feature to which the act relates is in, or forms part of, an MCZ, and

(c) the act has significantly hindered, or may significantly hinder, the achievement of the conservation objectives stated for the MCZ.

(2) For the purposes of subsection (1), a person does a prohibited act if the person—

(a) intentionally or recklessly kills or injures any animal in an MCZ which is a protected feature of that MCZ,

(b) intentionally picks or collects, or intentionally or recklessly cuts, uproots or destroys, any plant in an MCZ which is a protected feature of that MCZ,

(c) intentionally or recklessly takes anything from an MCZ which is, or forms part of, a protected feature of that MCZ, or

(d) intentionally or recklessly destroys or damages any habitat or feature which is a protected feature of an MCZ.

(3) For the purposes of determining whether anything done by a person in relation to a protected feature is a prohibited act for the purposes of subsection (1), it is immaterial whether the person knew, or ought to have known, that the feature was a protected feature.

(4) A person who is guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding £50,000a fine;

(b) on conviction on indictment, to a fine.

(5) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

(6) Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

Exceptions to offences under section 139 or 140

141

(1) A person is not guilty of an offence under section 139 or 140 if the act which is alleged to constitute the offence—

(a) was done in accordance with section 125(2) by a public authority;

(aa) was done by a public authority exercising functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery);

(b) was expressly authorised by an authorisation granted in accordance with section 126, or was necessarily incidental to such an act;

(i) a permit issued under section 129(5) 129C(3), 134(4), 134C(3), 137A(6) or 137E(6), or

(ii) a permit issued by the appropriate authority;

(d) was necessary in the interests of national security or the prevention or detection of crime, or was necessary for securing public health;

(e) was necessary for the purpose of securing the safety of any vessel, aircraft or marine installation;

(f) was done for the purpose of saving life.

(2) Subsection (1)(e) does not apply where the necessity was due to the fault of the person or of some other person acting under the person's direction or control.

(3) A person is not guilty of an offence under section 139 by reason of doing anything that is an offence under section 140.

(4) It is a defence for a person who is charged with an offence under section 140 to show that—

(a) the act which is alleged to constitute the offence was—

(i) an act done for the purpose of, and in the course of, sea fishing, or

(ii) an act done in connection with such an act,

and

(b) the effect of the act on the protected feature in question could not reasonably have been avoided.

(5) The Secretary of State may by order amend this section so as to remove, or restrict the application of, the defence provided by subsection (4).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section—

“act” includes omission;

Fixed monetary penalties

142

(1) The appropriate authority for any area ... may by order make provision to confer on any enforcement authority for that area the power by notice to impose a fixed monetary penalty on a person in relation to an offence under section 139.

(2) Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3) For the purposes of this Chapter a “fixed monetary penalty” is a requirement to pay to the enforcement authority a penalty of a prescribed amount.

(4) The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed level 1 on the standard scale.

(5) In this section “prescribed” means prescribed in an order made under this section.

Fixed monetary penalties: procedure

143

(1) Provision under section 142 must secure the results in subsection (2).

(2) Those results are that—

(a) where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

(b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),

(i) the person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty, and

(ii) the enforcement authority must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d) where the enforcement authority decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and

(e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(3) To comply with this subsection the notice of intent must include information as to—

(a) the grounds for the proposal to impose the fixed monetary penalty,

(b) the effect of payment of the sum referred to in subsection (2)(b),

(d) the circumstances in which the enforcement authority may not impose the fixed monetary penalty,

(e) the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received, and

(f) the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received.

(4) Provision pursuant to subsection (2)(c)(ii)—

(a) must secure that the enforcement authority may not decide to impose a fixed monetary penalty on a person where the authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b) may include provision for other circumstances in which the enforcement authority may not decide to impose a fixed monetary penalty.

(5) To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) any early payment discounts or late payment penalties,

(e) rights of appeal, and

(f) the consequences of non-payment.

(6) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(7) In this section “prescribed” means prescribed in an order made under section 142.

Further provision about fixed monetary penalties

144

Schedule 10 (which makes further provision about fixed monetary penalties) has effect.

Miscellaneous and supplemental

Application to the Crown

145

(1) This Chapter is binding on the Crown and applies in relation to any Crown land as it applies in relation to any other land.

This is subject to subsection (2).

(2) No contravention by the Crown of any provision of this Chapter is to make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session may, on the application of the appropriate authority or any other authority charged with enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (2), the provisions of this Chapter apply to persons in the public service of the Crown as they apply to other persons.

(4) For the purposes of this section “Crown land” means land an interest in which—

(a) belongs to Her Majesty in right of the Crown or in right of Her private estates,

(b) belongs to Her Majesty in right of the Duchy of Lancaster,

(d) belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.

(5) In this section references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

Consequential and transitional provision

146

(1) Schedule 11 (which makes consequential amendments) has effect.

(2) Schedule 12 (which makes transitional provision) has effect.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.