Part II Nature Conservation, Countryside and National Parks
F29Nature reserves, F27 marine nature reserves and Ramsar sites
Words in cross-heading preceding s. 34A omitted (E.W.) (12.1.2010 so far as not relating to MCZs in W., 12.12.2014 in so far as not already in force) by virtue of Marine and Coastal Access Act 2009 (c. 23), ss. 146(1), 324(2)(b)(i), Sch. 11 para. 2(3) (with s. 145); S.I. 2014/3088, art. 2(b); and those same words repealed (S.) (1.7.2010) by Marine (Scotland) Act 2010 (asp 5), ss. 167, 168(1), Sch. 4 para. 5(a) (with s. 162); S.S.I. 2010/230, art. 2(h)
34AMeaning of “appropriate conservation body”
In the following provisions of this Part “the appropriate conservation body” means—
a
in relation to England, Natural England;
b
in relation to Wales, F31the Natural Resources Body for Wales;
c
in relation to Scotland, Scottish Natural Heritage.
X135 National nature reserves.
1
Where F1the appropriate conservation body are satisfied that any land which—
a
is being managed as a nature reserve under an agreement entered into with F1the appropriate conservation body;
b
is held by F1the appropriate conservation body and is being managed by them as a nature reserve; or
c
is held by an approved body and is being managed by that body as a nature reserve,
is of national importance, they may declare that land to be a national nature reserve.
F21A
The land which may be declared to be a national nature reserve in England or Wales includes—
a
any land lying above mean low water mark;
b
any land covered by estuarial waters.
1B
Where the area of land to which a declaration under subsection (1) relates includes land falling within subsection (1A)(a) or (b) (“area A”), it may also include land not falling within subsection (1A)(a) or (b) (“area B”) if—
a
area B adjoins area A, and
b
any of the conditions in subsection (1C) is satisfied.
1C
The conditions are—
a
that the flora, fauna or features leading to the management of area A as a nature reserve is or are also present in area B;
b
that the management of area A as a nature reserve is by reason of any 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 land declared to be a national nature reserve (either in the declaration or on the ground for the purposes of exercising functions in relation to it) would be impossible or impracticable.
1D
The ministerial authority may issue guidance to the appropriate conservation body about the exercise of the power conferred by subsection (1B) to make a declaration in relation to land lying below mean low water mark.
“The ministerial authority” has the meaning given by section 35A(12).
2
A declaration by F1the appropriate conservation body that any land is a national nature reserve shall be conclusive of the matters declared; and subsections (4) and (5) of section 19 of the 1949 Act shall apply in relation to any such declaration as they apply in relation to a declaration under that section.
3
On the application of the approved body concerned, F1the appropriate conservation body, as respects any land which is declared to be a national nature reserve under subsection (1)(c), make byelaws for the protection of the reserve.
4
Subsections (2) and (3) of section 20 and section 106 of the 1949 Act shall apply in relation to byelaws under this section as they apply in relation to byelaws under the said section 20.
5
In this section—
“approved body” means a body approved by F1the appropriate conservation body for the purposes of this section;
“nature reserve” has the same meaning as in Part III of the 1949 Act.
35AF28Power to call in subtidal declarations
1
This section applies where—
a
the appropriate conservation body propose to declare land to be a national nature reserve under section 35(1), and
b
the land to which the proposed declaration relates includes, by virtue of section 35(1B), land lying below mean low water mark (“the subtidal land”).
2
The appropriate conservation body may not declare the reserve unless, at least 21 days before doing so, they have given notice of their intention to the ministerial authority.
3
At any time before the reserve is declared the ministerial authority may give notice to the appropriate conservation body that the ministerial authority is considering whether to give a direction under subsection (5) regarding the subtidal land.
4
If the ministerial authority gives notice under subsection (3), the appropriate conservation body may not declare the reserve until the ministerial authority has given a direction under subsection (5).
5
The ministerial authority may direct—
a
that the reserve (if declared) must include all of the subtidal land;
b
that the reserve (if declared) must not include any of the subtidal land;
c
that the reserve (if declared) must, or must not, include such part of that land as is specified in the direction;
d
that the decision whether the reserve (if declared) should include the subtidal land is to be taken by the appropriate conservation body.
6
The ministerial authority may, before deciding whether to give a direction under subsection (5), give to any person the opportunity of—
a
appearing before and being heard by a person appointed by the ministerial authority for that purpose;
b
providing written representations to such a person.
7
A person appointed under subsection (6) must make a report to the ministerial authority of any oral or written representations made under that subsection.
8
The ministerial authority may make regulations providing for the procedure to be followed (including decisions as to costs) at hearings held under subsection (6).
9
The power to make regulations under subsection (8) is exercisable by statutory instrument.
10
A statutory instrument containing regulations made under subsection (8) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
11
A statutory instrument containing regulations made under subsection (8) by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
12
In this section “the ministerial authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers.
X3E236 Marine nature reserves.
C2F121
Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea F13which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles, it appears to the Secretary of State expedient, on an application made by F14the appropriate conservation body, that the land and waters covering it should be managed by F14the appropriate conservation body for the purpose of—
a
conserving marine flora or fauna or geological or physiographical features of special interest in the area; or
b
providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,
he may by order designate the area comprising that land and those waters as a marine nature reserve; and F14the appropriate conservation body shall manage any area so designated for either or both of those purposes.
2
An application for an order under this section shall be accompanied by—
a
a copy of the byelaws which, if an order is made, F14the appropriate conservation body propose making under section 37 for the protection of the area specified in the application; and
b
a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;
and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by F14the appropriate conservation body as may be set out in the order with or without modifications.
3
Byelaws the making of which is so authorised—
a
shall not require the Secretary of State’s consent under subsection (1) of section 37; and
b
notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.
4
The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.
5
The powers exercisable by F14the appropriate conservation body for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.
6
Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).
7
In this section—
“enactment” includes an enactment contained in a local Act;“local authority” means—F18 “nautical miles” means international nautical miles of 1,852 metres;“relevant authority” means aF30local authority, the Natural Resources Body for Wales, a waterF19undertaker, a sewerage undertaker,an internal drainage board, a navigation authority, a harbour authority,F20. . . , a lighthouse authority, a conservancy authority,F21the Scottish Environment Protection Agency, a district board for a fishery district within the meaning of theM3Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under theM4Sea Fisheries Regulation Act 1966.
X2E136 Marine nature reserves.
C11
Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea F3which are landward of the baselines from which the breadth of the territorial sea adjacent to Great Britain is measured or are seaward of those baselines up to a distance of three nautical miles, it appears to the Secretary of State expedient, on an application made by F4the appropriate conservation body, that the land and waters covering it should be managed by F4the appropriate conservation body for the purpose of—
a
conserving marine flora or fauna or geological or physiographical features of special interest in the area; or
b
providing, under suitable conditions and control, special opportunities for the study of, and research into, matters relating to marine flora and fauna and the physical conditions in which they live, or for the study of geological and physiographical features of special interest in the area,
he may by order designate the area comprising that land and those waters as a marine nature reserve; and F4the appropriate conservation body shall manage any area so designated for either or both of those purposes.
2
An application for an order under this section shall be accompanied by—
a
a copy of the byelaws which, if an order is made, F4the appropriate conservation body propose making under section 37 for the protection of the area specified in the application; and
b
a copy of any byelaws made or proposed to be made for the protection of that area by a relevant authority;
and an order made on the application shall authorise the making under that section of such of the byelaws proposed to be made by F4the appropriate conservation body as may be set out in the order with or without modifications.
3
Byelaws the making of which is so authorised—
a
shall not require the Secretary of State’s consent under subsection (1) of section 37; and
b
notwithstanding anything in the provisions applied by subsection (4) of that section, shall take effect on their being made.
4
The provisions of Schedule 12 shall have effect as to the making, validity and date of coming into operation of orders under this section; and an order made under this section may be amended or revoked by a subsequent order so made.
5
The powers exercisable by F4the appropriate conservation body for the purpose of managing an area designated as a marine nature reserve under this section shall include power to install markers indicating the existence and extent of the reserve.
6
Nothing in this section or in byelaws made under section 37 shall interfere with the exercise of any functions of a relevant authority, any functions conferred by or under an enactment (whenever passed) or any right of any person (whenever vested).
7
In this section—
“enactment” includes an enactment contained in a local Act;
“local authority” means—
F8 “nautical miles” means international nautical miles of 1,852 metres;
“relevant authority” means a local authority, F9Scottish Water or any other statutory water undertakers, an internal drainage board, a navigation authority, a harbour authority, F10. . . , a lighthouse authority, a conservancy authority, F11the Scottish Environment Protection Agency, a district board for a fishery district within the meaning of the M1Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the M2Sea Fisheries Regulation Act 1966.
X437 Byelaws for protection of marine nature reserves.
F221
F23the appropriate conservation body may, with the consent of the Secretary of State make byelaws for the protection of any area designated as a marine nature reserve under section 36.
2
Without prejudice to the generality of subsection (1), byelaws made under this section as respects a marine nature reserve—
a
may provide for prohibiting or restricting, either absolutely or subject to any exceptions—
i
the entry into, or movement within, the reserve of persons and vessels;
ii
the killing, taking, destruction, molestation or disturbance of animals or plants of any description in the reserve, or the doing of anything therein which will interfere with the sea bed or damage or disturb any object in the reserve; or
iii
the depositing of rubbish in the reserve;
b
may provide for the issue, on such terms and subject to such conditions as may be specified in the byelaws, of permits authorising entry into the reserve or the doing of anything which would otherwise be unlawful under the byelaws; and
c
may be so made as to apply either generally or with respect to particular parts of the reserve or particular times of the year.
3
Nothing in byelaws made under this section shall—
a
prohibit or restrict the exercise of any right of passage by a vessel other than a pleasure boat; or
b
prohibit, except with respect to particular parts of the reserve at particular times of the year, the exercise of any such right by a pleasure boat.
4
Nothing in byelaws so made shall make unlawful—
a
anything done for the purpose of securing the safety of any vessel, or of preventing damage to any vessel or cargo, or of saving life;
b
the discharge of any substance from a vessel; or
c
anything done more than 30 metres below the sea bed.
5
Sections 236 to 238 of the M5Local Government Act 1972 or sections 202 to 204 of the M6Local Government (Scotland) Act 1973 (which relate to the procedure for making byelaws, authorise byelaws to impose fines not exceeding the amount there specified and provide for the proof of byelaws in legal proceedings) shall apply to byelaws under this section as if F23the appropriate conservation body were a local authority within the meaning of the said Act of 1972 or the said Act of 1973, so however that in relation to such byelaws the said sections shall apply subject to such modifications (including modifications increasing the maximum fines which the byelaws may impose) as may be prescribed by regulations made by the Secretary of State.
Regulations under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
In relation to byelaws under this section the confirming authority for the purposes of the said section 236 or the said section 202 shall be the Secretary of State.
7
The Secretary of State may, after consultation with F23the appropriate conservation body, direct them—
a
to revoke any byelaws previously made under this section; or
b
to make any such amendments of any byelaws so made as may be specified in the direction.
8
F23the appropriate conservation body shall have power to enforce byelaws made under this section; but nothing in this subsection shall be construed as authorising the Council to institute proceedings in Scotland for an offence.
9
Proceedings in England and Wales for an offence under byelaws made under this section shall not, without the consent of the Director of Public Prosecutions, be taken by a person other than F23the appropriate conservation body.
10
In this section “vessel” includes a hovercraft and any aircraft capable of landing on water and “pleasure boat” shall be construed accordingly.
11
References in this section to animals or plants of any description include references to eggs, seeds, spores, larvae or other immature stages of animals or plants of that description.
X5F2437A Ramsar sites.
1
Where a wetland in Great Britain has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article, the Secretary of State shall—
a
notify F25Natural England if all or part of the wetland is in England;
b
notify F34the Natural Resources Body for Wales if it is in Wales; or
c
notify both of them if it is partly in England and partly in Wales.
2
Subject to subsection (3), upon receipt of a notification under subsection (1), each body notified shall, in turn, notify—
a
the local planning authority in whose area the wetland is situated;
b
every owner and occupier of any of that wetland; F35and
F36c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F322A
Subject to subsection (3), upon receipt of a notification under subsection (1), Natural England shall, in turn, notify the Environment Agency.
3
F25Natural England and F33the Natural Resources Body for Wales may agree that in a case where the Secretary of State notifies both of them under subsection (1)(c), any notice under subsection (2) is to be sent by one or the other of them (and not both), so as to avoid duplicate notices under that subsection.
4
Subject to subsection (5), the “Ramsar Convention” is the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2nd February 1971, as amended by—
a
the Protocol known as the Paris Protocol done at Paris on 3rd December 1982; and
b
the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28th May and 3rd June 1987.
5
If the Ramsar Convention is further amended after the passing of the Countryside and Rights of Way Act 2000, the reference to the Ramsar Convention in subsection (1) is to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision).
S. 34A and preceding cross-heading inserted (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(1), 107, Sch. 11 para. 84; S.I. 2006/2541, art. 2