http://www.legislation.gov.uk/ukpga/2009/23/contentsMarine and Coastal Access Act 2009An Act to make provision in relation to marine functions and activities; to make provision about migratory and freshwater fish; to make provision for and in connection with the establishment of an English coastal walking route and of rights of access to land near the English coast; to enable the making of Assembly Measures in relation to Welsh coastal routes for recreational journeys and rights of access to land near the Welsh coast; to make further provision in relation to Natural England and the Countryside Council for Wales; to make provision in relation to works which are detrimental to navigation; to amend the Harbours Act 1964; and for connected purposes.texttext/xmlenStatute Law Database2011-05-272010-01-12 Pt. 5 Ch. 1reg. 38(3)(4)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010s. 12(5)(c)Sch. 6 para. 5(2)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010s. 123(9)Sch. 6 para. 5(3)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010s. 158(6)(d)Sch. 6 para. 5(4)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010s. 237(2)(c)(d)Sch. 6 para. 5(5)(a)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010s. 237(2)(i)(j)Sch. 6 para. 5(5)(b)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010Sch. 11 para. 4Sch. 6 para. 5(6)Marine and Coastal Access Act 2009The Conservation of Habitats and Species Regulations 2010Sch. 17art. 10Marine and Coastal Access Act 2009The Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010specified provision(s)art. 2commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.3) Order 2010specified provision(s) and purposesart. 2 Sch.commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.2 and Transitional Provisions) Order 2010specified provision(s) and purposesart. 3commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No. 1, Consequential, Transitional and Savings Provisions) (England and Wales) Order 2010specified provision(s) and purposesart. 3commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.4 and Transitional Provisions) Order 2010Blanket amendmentart. 3 6Marine and Coastal Access Act 2009The Treaty of Lisbon (Changes in Terminology) Order 2011s. 69(5A)Sch. 1 para. 101Marine and Coastal Access Act 2009The Electronic Communications and Wireless Telegraphy Regulations 2011s. 75(1)(a)reg. 2(2)(a)Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011s. 75(1)(b) and wordreg. 2(2)(b)Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011s. 75(2A)reg. 2(3)Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011s. 75(5)reg. 2(4)Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011s. 322(2)(c)Sch. 6 para. 104Marine and Coastal Access Act 2009Planning Act (Northern-Ireland) 2011Planning Act (Northern Ireland) 2011Sch. 9 para. 2(1)-(3)art. 4Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011specified amended provision(s)art. 1-3commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011specified amended provision(s)art. 2commencement order for 2010 c. 15Marine and Coastal Access Act 2009The Equality Act 2010 (Commencement No. 6) Order 2011specified provision(s) and purposesart. 1-3commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011Blanket amendmentart. 3 4Marine and Coastal Access Act 2009The Treaty of Lisbon (Changes in Terminology) Order 2011Pt. 5 Ch. 1Sch. 11 para. 4(1)Marine and Coastal Access Act 2009Marine and Coastal Access Act 2009s. 68Sch. 8 para. 4(2)Marine and Coastal Access Act 2009Marine and Coastal Access Act 2009s. 69(3)Sch. 8 para. 4(2)Marine and Coastal Access Act 2009Marine and Coastal Access Act 2009s. 69(5)Sch. 8 para. 4(2)Marine and Coastal Access Act 2009Marine and Coastal Access Act 2009specified provision(s) and purposesart. 2commencement order for 2009 c. 23Marine and Coastal Access Act 2009The Marine and Coastal Access Act 2009 (Commencement No.1 and Transitional Provisions) Order 2009 Marine and Coastal Access Act 2009Part 1The Marine Management OrganisationChapter 1Establishment1The Marine Management Organisation2General objective3PerformanceChapter 2Transfer of functions to the MMOSea Fish (Conservation) Act 19674Licensing of fishing boats5Restrictions on time spent at sea: appeals6Trans-shipment licences for vessels7Regulations supplementary to sections 4 and 4A8Exemptions for operations for scientific and other purposesNature conservation9Licences to kill or take seals10 Wildlife and Countryside Act 198111Sea Fisheries (Wildlife Conservation) Act 1992Generating and renewable energy installations12Certain consents under section 36 of the Electricity Act 198913Safety zones: functions under section 95 of the Energy Act 2004Chapter 3Agreements involving the MMO for the exercise of functionsPowers to enter into agreements14Agreements between the Secretary of State and the MMO15Agreements between the MMO and eligible bodies16Eligible bodies17Non-delegable functions18Maximum duration of agreementSupplementary provisions19Particular powers20Agreements with certain harbour authorities21Supplementary provisions with respect to agreements22Interpretation of this ChapterChapter 4Miscellaneous, general and supplemental provisionsApplications for development consent23MMO's role in relation to applications for development consentGeneral powers and duties24Research25Advice, assistance and training facilities26Provision of information etc27Power to charge for services28Provision of information by the MMO to the Secretary of State29Power to bring proceedings30Continuation of certain existing prosecutions31Incidental powersFinancial provisions32Grants33Borrowing powers34Limit on borrowing35Government loans36Government guaranteesDirections and guidance37Directions by the Secretary of State38Guidance by the Secretary of StateTransfer schemes etc39Transfer schemes40Interim arrangementsPart 2Exclusive economic zone, UK marine area and Welsh zone41Exclusive economic zone42UK marine area43Welsh zonePart 3Marine planningChapter 1Marine policy statement44Marine policy statement45Preparation and coming into effect of statement46Review of statement47Amendment of statement48Withdrawal of, or from, statementChapter 2Marine plans49Marine planning regions50Marine plan authorities51Marine plans for marine plan areas52Amendment of marine plan53Withdrawal of marine plan54Duty to keep relevant matters under reviewChapter 3Delegation of functions relating to marine plans55Delegation of functions relating to marine plans56Directions under section 55: supplementary provisions57Directions to public bodies as regards performance of delegated functionsChapter 4Implementation and effectDecisions affected by an MPS or marine plan58Decisions affected by marine policy documents59The appropriate marine policy documents60Meaning of “retained functions” etcMonitoring and reporting61Monitoring of, and periodical reporting on, implementationChapter 5Miscellaneous and general provisionsValidity of documents under this Part62Validity of marine policy statements and marine plans63Powers of the court on an application under section 62Interpretation and Crown application64Interpretation and Crown application of this PartPart 4Marine licensingChapter 1Marine licences65Requirement for licence66Licensable marine activities67Applications68Notice of applications69Determination of applications70Inquiries71Licences72Variation, suspension, revocation and transfer73Appeals against licensing decisionsChapter 2Exemptions and special casesExemptions74Exemptions specified by order75Exemptions for certain dredging etc activities76Dredging in the Scottish zone77Oil and gas activities and carbon dioxide storageSpecial provisions in certain cases78Special procedure for applications relating to harbour works79Special procedure for applications relating to certain electricity works80Electronic communications apparatus81Submarine cables on the continental shelf82Structures in, over or under a main river83Requirements for Admiralty consent under local legislation84Byelaws for flood defence and drainage purposesChapter 3EnforcementOffences85Breach of requirement for, or conditions of, a licence86Action taken in an emergency87Electronic communications: emergency works88Activity licensed by another State89InformationEnforcement notices90Compliance notice91Remediation notice92Further provision as to enforcement noticesCivil sanctions93Fixed monetary penalties94Fixed monetary penalties: procedure95Variable monetary penalties96Variable monetary penalties: procedure97Further provision about civil sanctionsChapter 4Delegation98Delegation of functions relating to marine licensing99Orders under section 98: supplementary provisions100Directions to persons as regards performance of delegated functionsChapter 5SupplementaryRegister101RegisterStop notices and emergency safety notices102Notice to stop activity causing serious harm etc103Further provision as to stop notices104Emergency safety notices105Further provision as to emergency safety noticesOther powers106Power to take remedial action107Power to test, and charge for testing, certain substancesAppeals against notices under this Part108Appeals against noticesOffences: supplementary provision109General defence of due diligence110Offences: jurisdictionApplication to the Crown111Application to the CrownConsequential and transitional provision112Amendments and transitional provisionInterpretation113The appropriate licensing authority114Meaning of “enforcement authority”115Interpretation of this PartPart 5Nature conservationChapter 1Marine conservation zonesDesignation of zones116Marine conservation zones117Grounds for designation of MCZs118Further provision as to orders designating MCZs119Consultation before designation120Publication of orders designating MCZs121Hearings by appropriate authority122Amendment, revocation and review of orders designating MCZsDuties relating to network123Creation of network of conservation sites124ReportDuties of public authorities125General duties of public authorities in relation to MCZs126Duties of public authorities in relation to certain decisions127Advice and guidance by conservation bodies128Failure to comply with duties etcByelaws for protection of MCZs etc: England129Byelaws for protection of MCZs in England130Byelaws: procedure131Emergency byelaws132Interim byelaws133Further provision as to byelawsOrders for protection of MCZs etc: Wales134Orders for protection of MCZs in Wales135Consultation etc regarding orders under section 134136Interim orders137Further provision as to orders made under section 134 or 136Hearings138Hearings by Secretary of State or Welsh MinistersOffences139Offence of contravening byelaws or orders140Offence of damaging etc protected features of MCZs141Exceptions to offences under section 139 or 140Fixed monetary penalties142Fixed monetary penalties143Fixed monetary penalties: procedure144Further provision about fixed monetary penaltiesMiscellaneous and supplemental145Application to the Crown146Consequential and transitional provision147Interpretation of this ChapterChapter 2Other conservation sites148Marine boundaries of SSSIs and national nature reservesPart 6Management of inshore fisheriesChapter 1Inshore fisheries and conservation authoritiesInshore fisheries and conservation districts and authorities149Establishment of inshore fisheries and conservation districts150Inshore fisheries and conservation authorities151Membership and proceedings of IFC authorities152Amendment or revocation of orders under section 149Main duties153Management of inshore fisheries154Protection of marine conservation zonesByelaws155Power to make byelaws156Provision that may be made by byelaw157Emergency byelaws158Byelaws: supplementary provision159Power of Secretary of State to amend or revoke byelaws160Byelaws: procedure161Inquiries162Evidence of byelawsOffences163Offences164Powers of court following convictionEnforcement165Inshore fisheries and conservation officers166Powers of IFC officersPower to delegate functions167Power to enter into agreements with eligible bodies168Eligible bodies169Variation, review and cancellation of agreements under section 167170Agreements under section 167: particular powers171Supplementary provisions with respect to agreements under section 167Other powers and duties of IFC authorities172Development, etc of fisheries173Provision of services by IFC authorities174Duty of co-operation175Information176Accounts177Annual plan178Annual report179Supplementary powersMiscellaneous and supplemental180Expenses of IFC authorities181IFC authority as party to proceedings182Exemption from liability183Report by Secretary of State184Minor and consequential amendments185Application to the Crown186Interpretation of this ChapterChapter 2Local fisheries committees187Abolition of local fisheries committees188Power to make consequential or transitional provision, etcChapter 3Inshore fisheries in Wales189Power of Welsh Ministers in relation to fisheries in Wales190Offences191Powers of court following conviction192Power to provide services for purposes of enforcement193Miscellaneous amendmentsPart 7FisheriesChapter 1The Sea Fish (Conservation) Act 1967194Size limits for sea fish195Regulation of nets and other fishing gear196Charging for commercial fishing licences197Grant of licences subject to conditions imposed for environmental purposes198Power to restrict fishing for sea fish199Penalties for offences200Offences by directors, partners, etc201Minor and consequential amendmentsChapter 2The Sea Fisheries (Shellfish) Act 1967202Power to make orders as to fisheries for shellfish203Variation etc of orders as a result of development204Purposes for which tolls etc may be applied205Increase in penalties for certain offences relating to fisheries for shellfish206Liability of master, etc where vessel used in commission of offence207Restrictions imposed by grantees, etc208Cancellation of licence after single relevant conviction209Register of licences210Protection of private shellfish beds211Use of implements of fishing212Taking of crabs and lobsters for scientific purposes213Orders prohibiting the taking and sale of certain lobsters214Power to appoint inspector before making orders as to fisheries for shellfishChapter 3Migratory and freshwater fishTaking fish etc215Prohibited implements216Roe etc217Licences to fish218Limitation of licences219Authorisation to fish220Enforcement221Power to specify fish222Order-making powers: supplementary223Definitions relating to fishByelaws224Power to make byelaws225Byelaws: emergency procedures226Byelaws: enforcement227Byelaws: compensationSupplementary228Theft of fish from private fisheries etc229Handling fish230Duties of the Environment Agency231Tweed and Esk fisheries232Keeping, introduction and removal of fish233Consequential and supplementary amendmentsChapter 4Obsolete fisheries enactments234Repeal of spent or obsolete enactmentsPart 8EnforcementChapter 1Enforcement officersMarine enforcement officers235Marine enforcement officers236Enforcement of marine licensing regime237Enforcement of nature conservation legislation238Enforcement of fisheries legislation239Marine enforcement officers as British sea-fishery officersOther enforcement officers240Marine licensing: oil and gas and other reserved matters241Marine licensing: Northern Ireland242Marine licensing: enforcement in Scottish offshore region243Enforcement of MCZs in Scottish offshore regionInterpretation244Interpretation of this ChapterChapter 2Common enforcement powersIntroductory245Common enforcement powersEntry, search and seizure246Power to board and inspect vessels and marine installations247Power to enter and inspect premises248Power to enter and inspect vehicles249Dwellings250Powers of search, examination, etc251Power to require production of documents, etc252Powers of seizure, etc253Further provision about seizure254Retention of seized itemsMiscellaneous and ancillary powers255Power to record evidence of offences256Power to require name and address257Power to require production of licence, etc258Power to require attendance of certain persons259Power to direct vessel or marine installation to port260Assistance etc261Power to use reasonable forceInterpretation262Interpretation of this ChapterChapter 3Licensing enforcement powers263Power to require information relating to certain substances and objectsChapter 4Fisheries enforcement powersInspection and seizure of objects at sea264Power to inspect and seize objects at sea265Reports of inspections under section 264266Retention of objects seized under section 264(2)267Disposal of objects seized under section 264Seizure for purposes of forfeiture268Power to seize fish for purposes of forfeiture269Power to seize fishing gear for purposes of forfeiture270Procedure in relation to seizure under section 268 or 269271Retention of property seized under section 268 or 269272Bonds for release of seized fish or gear273Power of relevant authority to sell seized fish in its possession274Disposal of property seized under section 268 or 269Forfeiture275Forfeiture etc of prohibited items276Forfeiture etc of fish failing to meet size requirements277Further provision about forfeiture under section 275 or 276278Forfeiture by court following convictionDetention of vessels in connection with court proceedings279Power to detain vessels in connection with court proceedings280Release of vessels detained under section 279281Power of court to order release of vessels282Bonds for release of vessels283Power of court to order repayment of bondsProduction of equipment284Power to require production of certain equipmentSupplementary285Service of notices, etc286Conclusion of proceedings287Interpretation of this ChapterChapter 5Common enforcement provisionsIntroductory288Meaning of “enforcement officer”Duties of enforcement officers289Duty to provide evidence of authority290Duty to state name and purpose, etcLiability of enforcement officers291Liability of enforcement officers etcOffences in relation to enforcement officers292Offences in relation to enforcement officersChapter 6Miscellaneous and supplementaryEnforcement of Community rules293Enforcement of Community rulesAdministrative penalty schemes294Administrative penalty schemesCrown application295Application to the CrownPart 9Coastal accessThe coastal access duty296The coastal access duty297General provision about the coastal access duty298The coastal access scheme299Review of the coastal access scheme300The English coast301River estuariesImplementation of the coastal access duty302Long-distance routes303Access to the coastal margin304Establishment and maintenance of the English coastal route etcLiabilities305Restricting liabilities of Natural England and the Secretary of State306Occupiers' liabilityGeneral307Isles of Scilly308The Crown309Interpretation of this PartWales310Powers of National Assembly for WalesPart 10MiscellaneousNatural England311Area in which functions of Natural England exercisable312Natural England not to be responder for Civil Contingencies Act 2004Countryside Council for Wales313Area in which functions of Countryside Council for Wales exercisableWorks detrimental to navigation314Works detrimental to navigationHarbours Act 1964315Amendments of the Harbours Act 1964Part 11Supplementary provisions316Regulations and orders317Directions318Offences by directors, partners, etc319Disapplication of requirement for consent to certain prosecutions320Power to make transitional provisions and savings321Repeals322Interpretation323Extent324Commencement325Short titleSchedulesSchedule 1The Marine Management OrganisationStatus of the MMO1(1) The MMO is a body corporate. The chair of the MMO2A person (the “chair of the MMO”) is to be...Membership3(1) The members of the MMO are to be— The deputy chair of the MMO4The Secretary of State may appoint one of the ordinary...Considerations in making appointments5In appointing any person to be the chair of the...Power to amend the numbers of members specified in paragraph 3(1)6(1) The Secretary of State may by order amend paragraph...Terms of appointment7(1) A person appointed as— (a) the chair of the...Resignation from office8A person may, by giving notice to the Secretary of...Suspension from, or termination of, office9(1) The Secretary of State may suspend or terminate the...Eligibility for re-appointment10A person who ceases to hold any of the following...Members' remuneration and allowances11The MMO may pay to its members such remuneration and...Pensions, allowances and gratuities12If required to do so by the Secretary of State,...Compensation for loss of office13If— (a) a person ceases to be a member, and...Chief executive14(1) The MMO must appoint a person to be its...Chief scientific adviser15(1) The MMO must appoint a person to be its...Other staff16(1) The MMO may appoint other employees. Staff remuneration and allowances17(1) The MMO may pay such remuneration and allowances as...Staff pensions etc18(1) The MMO may— (a) pay such pensions, allowances or...Staff superannuation19(1) Employment with the MMO is to be included among...Procedure20Subject to the following provisions of this Schedule, the MMO...Delegation of functions21(1) The MMO may authorise a committee, sub-committee, member or...Membership of committees and sub-committees22(1) A committee or sub-committee may include persons who are...Validity of proceedings23The validity of anything done by the MMO, or by...Application of seal and proof of documents24(1) The application of the MMO's seal must be authenticated...Documents served etc by the MMO25(1) Any document which the MMO is authorised or required...Annual report26(1) For each financial year, the MMO must prepare an...Accounts and records27(1) The MMO must keep proper accounts and proper records...Audit28(1) This paragraph applies where, in pursuance of paragraph 27,...Duty to provide information to the Secretary of State29(1) The MMO must provide the Secretary of State with—...Schedule 2Minor and consequential amendments relating to the MMOPublic Records Act 1958 (c. 51)1In Schedule 1 to the Public Records Act 1958 (definition...Parliamentary Commissioner Act 1967 (c. 13)2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...House of Commons Disqualification Act 1975 (c. 24)3In Part 2 of Schedule 1 to the House of...Race Relations Act 1976 (c. 74)4In Part 2 of Schedule 1A to the Race Relations...Inheritance Tax Act 1984 (c. 51)5In Schedule 3 to the Inheritance Tax Act 1984 (gifts...Freedom of Information Act 2000 (c. 36)6In Part 6 of Schedule 1 to the Freedom of...Schedule 3Transfer schemesIntroductory1In this Schedule— “transferor” means the person from whom any...The property, rights and liabilities that may be transferred2(1) A scheme may provide for the transfer of any...Creation and apportionment of property, rights or liabilities3(1) A scheme may— (a) create for the transferor interests...Vesting certificates4A certificate by the Secretary of State that anything specified...Employment contracts5(1) This paragraph applies if rights and liabilities under a...Employee expressing objection to transfer of contract of employment6(1) Rights and liabilities under a contract of employment are...Right to terminate contract of employment for substantial detrimental change in conditions7Nothing in this Schedule affects any right a person has...Civil servants8(1) This Schedule applies with the following modifications in relation...Compensation9A scheme may contain provision for the payment of compensation...Validity10A transfer under this Schedule does not affect the validity...Continuity11(1) Anything which— (a) is done by the transferor for...Documents12In any document which— (a) relates to anything transferred by...Remedies13As from the date on which a transfer takes effect—...Interim arrangements14(1) A scheme may include provision requiring a transferor to...Retrospective modification of schemes15(1) If, at any time after a scheme has come...Incidental, consequential, supplemental or transitional provision or savings16A scheme may include such incidental, consequential, supplemental or transitional...Schedule 4Exclusive economic zone and Welsh zone: consequential amendmentsPart 1Exclusive economic zoneContinental Shelf Act 19641(1) Section 8 of the Continental Shelf Act 1964 (c....Fishery Limits Act 19762(1) Section 1 of the Fishery Limits Act 1976 (c....Merchant Shipping (Prevention of Pollution) (Law of the Sea Convention) Order 19963(1) Article 2 of the Merchant Shipping (Prevention of Pollution)...Energy Act 20044(1) Section 84 of the Energy Act 2004 (c. 20)...Energy Act 20085(1) The Energy Act 2008 (c. 32) is amended as...Part 2Welsh zoneGovernment of Wales Act 20066(1) The Government of Wales Act 2006 (c. 32) is...Schedule 5Preparation of an MPS or of amendments of an MPSIntroductory1Before any policy authorities publish a relevant document, they must...Interpretation2(1) In this Schedule— “consultation draft” is to be read...Consultation in Northern Ireland3(1) If one of the relevant authorities is the Department...Statement of public participation4(1) The relevant authorities must prepare and publish a statement...Further provision about the content of an SPP5(1) An SPP must include a proposed timetable. Review and revision of an SPP6(1) The relevant authorities must keep the SPP under review....Sustainability appraisal7(1) The relevant authorities must carry out an appraisal of...Preparation and publication of a consultation draft8(1) The relevant authorities must prepare and publish a draft...Representations about the consultation draft9(1) Any person may make representations about the consultation draft....The appropriate legislative procedure10(1) A policy authority must not adopt the final text...Differences between the consultation draft and the final text11(1) This paragraph applies if there are any differences between—...Adoption and publication of the relevant document12(1) A policy authority adopts the final text by— Validity of document where policy authority participates in preparation but does not adopt13(1) If any policy authority— (a) participates to any extent...Schedule 6Marine plans: preparation and adoptionMarine plan authority to notify related planning authorities of decision to prepare plan1(1) A marine plan authority which decides to prepare a...Secretary of State to be kept informed of authority's intentions as to certain matters2(1) This paragraph applies in any case where a marine...Marine plans to be compatible with certain other marine plans and Planning Act plans3(1) In preparing or amending a marine plan for a...Consultation in Northern Ireland4(1) In the case of a marine plan for a...Statement of public participation5(1) Before preparing a marine plan for any marine plan...Further provision about the content of an SPP6(1) An SPP must include a proposed timetable. Review and revision of the SPP7(1) The marine plan authority must keep the SPP under...Advice and assistance8(1) In connection with the preparation of a marine plan,...Matters to which a marine plan authority is to have regard in preparing a marine plan9(1) The matters to which a marine plan authority is...Sustainability appraisal10(1) A marine plan authority preparing a marine plan must...Preparation and publication of a consultation draft11(1) A marine plan authority preparing a marine plan must...Representations about the consultation draft12(1) Any person may make representations about the consultation draft....Independent investigation13(1) A marine plan authority which has published a consultation...Matters to which marine plan authority to have regard in settling text for adoption etc14A marine plan authority settling the text of a marine...Adoption and publication of a marine plan15(1) A marine plan is “adopted” by a marine plan...Schedule 7Further provision about civil sanctions under Part 4Interpretation1In this Schedule “civil sanction” means a fixed monetary penalty...Fixed monetary penalties: other sanctions2(1) Provision under section 93 must secure that, in a...Variable monetary penalties: other sanctions3Provision under section 95 must secure that, in a case...Combination of sanctions4(1) Provision may not be made under section 93 and...Monetary penalties5(1) An order under section 93 or 95 which confers...Costs recovery6(1) Provision under section 95 may include provision for an...Appeals7(1) An order under section 93 or 95 may not...Consultation8(1) Before making an order under section 93 or 95,...Guidance as to use of civil sanctions9(1) Where power is conferred on an enforcement authority under...Guidance as to enforcement of offences10(1) Where power is conferred on an enforcement authority under...Publication of enforcement action11(1) Where power is conferred on an enforcement authority under...Payment of penalties into Consolidated Fund etc12(1) Where pursuant to any provision made under section 93...Disclosure of information13(1) Information held by or on behalf of a person...Schedule 8Licensing: minor and consequential amendmentsPart 1Consequential amendmentsThe Coast Protection Act 19491(1) The Coast Protection Act 1949 (c. 74) is amended...The Food and Environment Protection Act 19852(1) The Food and Environment Protection Act 1985 (c. 48)...The Government of Wales Act 20063(1) In Schedule 3 to the Government of Wales Act...The Planning Act 20084(1) The Planning Act 2008 (c. 29) is amended as...Part 2Other amendmentsThe Food and Environment Protection Act 1985 Electronic communications apparatus: operations in tidal waters etc5In the Food and Environment Protection Act 1985 after section...Electronic communications: emergency works6(1) Section 9 of the Food and Environment Protection Act...The Petroleum Act 1998 Application of Part 3 in relation to submarine pipelines7(1) Section 24 of the Petroleum Act 1998 (c. 17)...Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 48(1) Section 45 of the Petroleum Act 1998 (interpretation of...Schedule 9Licensing: transitional provision relating to Part 4Part 1Interpretation1In this Schedule— “the commencement date” means the date on...Part 2Coast Protection Act 1949Consents previously given and outstanding applications2(1) Any consent given under subsection (1) of section 34...Safety requirements3The repeal of section 36A of the CPA does not...Part 3Food and Environment Protection Act 1985Licences previously issued and outstanding applications4(1) Any licence having effect under Part 2 of FEPA...5(1) Despite the amendments made by paragraph 2 of Schedule...Remedial action6The amendments made by paragraph 2 of Schedule 8 do...Register7(1) This paragraph applies in any case where— Channel Islands and British overseas territories8(1) In this paragraph “relevant territory” means any of the...Part 4MiscellaneousDredging9(1) During the relevant transitional period, section 65 does not...Water Resources Act 199110The amendment made by section 82 of this Act applies...Electronic Communications Code: England and Wales11(1) In this paragraph— (a) “the Code” means the Electronic...Electronic Communications Code: Scotland12(1) In this paragraph— (a) “the Code” means the Electronic...Direction under section 58(1)(c) of the Government of Wales Act 200613(1) To the extent that they relate to the abandonment...Schedule 10Further provision about fixed monetary penalties under section 142Fixed monetary penalties: other sanctions1(1) Provision under section 142 must secure that, in a...Monetary penalties2(1) An order under section 142 which confers power on...Appeals3(1) An order under section 142 may not provide for...Consultation4(1) Before making an order under section 142, the appropriate...Guidance as to use of fixed monetary penalties5(1) Where power is conferred on an enforcement authority under...Guidance as to enforcement of offences6(1) Where power is conferred on an enforcement authority under...Publication of enforcement action7(1) Where power is conferred on an enforcement authority under...Payment of penalties into Consolidated Fund etc8(1) Where pursuant to any provision made under section 142...Disclosure of information9(1) Information held by or on behalf of a person...Schedule 11Consequential amendments relating to MCZsConservation of Seals Act 1970 (c. 30)1In section 10 of the Conservation of Seals Act 1970...Wildlife and Countryside Act 1981 (c. 69)2(1) The Wildlife and Countryside Act 1981 is amended as...Water Resources Act 1991 (c. 57)3In paragraph 5 of Schedule 25 to the Water Resources...Conservation (Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716)4(1) For regulation 36 of the Conservation (Natural Habitats, &c)...Schedule 12Transitional provision relating to MCZs1In this Schedule— “the 1981 Act” means the Wildlife and...2(1) Any area which, immediately before the commencement date, is...3Any byelaw which, immediately before the commencement date, is in...4Any provision of this Chapter which— (a) confers any function...Schedule 13Marine boundaries of SSSIs and national nature reservesPart 1Introductory1In this Schedule “the 1981 Act” means the Wildlife and...Part 2Sites of special scientific interestMarine boundaries of sites of special scientific interest2(1) Section 28 of the 1981 Act (sites of special...3In section 28A of the 1981 Act (variation of notification...4In section 52(1) of the 1981 Act (interpretation of Part...Notification of additional land that is subtidal5(1) Section 28B of the 1981 Act (notification of additional...Enlargement of SSSI to include subtidal land6(1) Section 28C of the 1981 Act (enlargement of SSSI)...Guidance in relation to subtidal notifications of SSSIs7After section 28C of the 1981 Act insert— Guidance in...Power to call in subtidal notifications of SSSIs8After section 28CA of the 1981 Act (inserted by paragraph...Denotification of SSSI on designation of area as MCZ9(1) Section 28D of the 1981 Act (denotification) is amended...Part 3National nature reservesMarine boundaries of national nature reserves10(1) In section 35 of the 1981 Act (national nature...Power to call in subtidal declarations of national nature reserves11After section 35 of the 1981 Act insert— Power to...Schedule 14Inshore fisheries and conservation authorities: amendmentsCoast Protection Act 1949 (c. 74)1The Coast Protection Act 1949 is amended as follows. 2In section 2 (constitution of coast protection boards)— 3In section 45 (service of notices and other documents), in...4In section 49(1) (interpretation) after the definition of “functions” insert—...5In Part 1 of the First Schedule (general provisions concerning...Nuclear Installations Act 1965 (c. 57)6In section 3 of the Nuclear Installations Act 1965 (grant...Sea Fish (Conservation) Act 1967 (c. 84)7In section 3 of the Sea Fish (Conservation) Act 1967...Prevention of Oil Pollution Act 1971 (c. 60)8In section 19 of the Prevention of Oil Pollution Act...Local Government Act 1974 (c. 7)9In section 31A of the Local Government Act 1974 (consideration...Fisheries Act 1981 (c. 29)10In Part 1 of Schedule 4 to the Fisheries Act...Wildlife and Countryside Act 1981 (c. 69)11In section 27(1) of the Wildlife and Countryside Act 1981...Local Government and Housing Act 1989 (c. 42)12The Local Government and Housing Act 1989 is amended as...13(1) Section 5 (designation and reports of monitoring officer) is...14In section 13 (voting rights of members of certain committees),...15In paragraph 2(1) of Schedule 1 (political balance on local...Radioactive Substances Act 1993 (c. 12)16The Radioactive Substances Act 1993 is amended as follows. 17In section 47(1) (general interpretation provisions), in the definition of...18In Schedule 3 (enactments to which section 40 applies), after...Freedom of Information Act 2000 (c. 36)19In Part 2 of Schedule 1 to the Freedom of...Natural Environment and Rural Communities Act 2006 (c. 16)20In Schedule 7 to the Natural Environment and Rural Communities...Schedule 15Sea Fish (Conservation) Act 1967: minor and consequential amendmentsSea Fish (Conservation) Act 1967 (c. 84)1(1) Section 1 (size limits, etc for fish) is amended...2(1) Section 3 (regulation of nets and other fishing gear)...3(1) Section 5 (power to restrict fishing for sea fish)...4In section 11 (penalties for offences), in subsection (3), for...Fisheries Act 1981 (c. 29)5(1) Schedule 4 (exemptions for fish farming) is amended as...Schedule 16Migratory and freshwater fish: consequential and supplementary amendmentsSalmon and Freshwater Fisheries Act 1975 (c. 51)1The Salmon and Freshwater Fisheries Act 1975 has effect subject...2Section 3 (nets) is omitted. 3(1) Section 5 (prohibition of use of explosives etc) is...4Sections 6 to 8 (fixed engines, fishing weirs and fishing...5Section 16 (boxes and cribs in weirs and dams) is...6Section 17 (restrictions on taking salmon or trout above or...7In section 18 (supplementary provisions), in subsection (4), for “,...8Sections 19 to 22 (close seasons etc) are omitted. 9(1) Section 25 (licences to fish) is amended as follows....10(1) Section 26 (limitation of fishing licences) is amended as...11(1) Section 27 (unlicensed fishing) is amended as follows. 12In section 33 (orders and warrants to enter suspected premises),...13In section 34 (power to apprehend persons fishing illegally), for...14(1) In section 41 (interpretation), subsection (1) is amended as...15Schedule 1 (close seasons and close times) is omitted. 16(1) Schedule 2 (licences) is amended as follows. 17(1) Schedule 4 (offences) is amended as follows. Fisheries Act 1981 (c. 29)18(1) In the Fisheries Act 1981, in Part 1 of...Salmon Act 1986 (c. 62)19In section 32 of the Salmon Act 1986 (handling salmon...Water Resources Act 1991 (c. 57)20The Water Resources Act 1991 has effect subject to the...21In section 115 (fisheries orders), in subsection (1)— 22In section 116 (power to give effect to international obligations)—...23(1) Section 212 (compensation in respect of certain fisheries byelaws)...24(1) In Schedule 25 (byelaw-making powers of the Agency), paragraph...25In that Schedule, paragraph 7 is omitted. Environment Act 1995 (c. 25)26In section 13 of the Environment Act 1995 (regional and...Schedule 17Warrants issued under section 249Introductory1(1) This Schedule has effect in relation to the issue...Applications for warrants2(1) Where an enforcement officer applies for a warrant, the...Safeguards in connection with power of entry conferred by warrant3A warrant authorises an entry on one occasion only. 4(1) A warrant must specify— (a) the name of the...5(1) Two copies are to be made of a warrant....Execution of warrants6(1) A warrant may be executed by any appropriate enforcement...7(1) A warrant may authorise persons to accompany any enforcement...8(1) Execution of a warrant must be within three months...9(1) Where the occupier of a dwelling that is to...Return of warrants10(1) A warrant which— (a) has been executed, or Schedule 18Forfeiture of property under section 275 or 276Application of Schedule1(1) This Schedule applies where— (a) property seized by an...Notice of intended forfeiture2(1) The relevant authority must give notice of the intended...Notice of claim3A person claiming that the property is not liable to...4(1) A notice of claim must be given— Automatic forfeiture in a case where no claim is made5The property is to be taken to have been duly...Decision whether to take court proceedings to condemn property as forfeited6(1) Where a notice of claim in respect of the...Return of property if no forfeiture proceedings7(1) If, in a case in which a notice of...Forfeiture proceedings8(1) This paragraph applies if, in a case in which...Supplementary provision about forfeiture proceedings9Proceedings by virtue of this Schedule are civil proceedings and...10(1) In proceedings by virtue of this Schedule, the claimant...11(1) In the case of proceedings by virtue of this...12Where an appeal has been made (whether by case stated...Effect of forfeiture13Where property is treated or condemned as forfeited under this...Disposal of property which is not returned14(1) This paragraph applies where any property is required to...Provisions as to proof15In proceedings under this Schedule, the fact, form and manner...16In any proceedings, the condemnation by a court of property...Special provisions as to certain claimants17(1) This paragraph applies where, at the time of the...Power to destroy fish before condemnation, etc18(1) The relevant authority may destroy any fish liable to...Saving for owner's rights19Neither the imposition of a requirement by virtue of this...Interpretation20In this Schedule— “the court” is to be read in...Schedule 19Schedule 1A to the National Parks and Access to the Countryside Act 1949The following is the Schedule to be inserted as Schedule...Schedule 20Establishment and maintenance of the English coastal route etcExtension of Chapter 3 of Part 1 of the CROW Act1(1) Chapter 3 of Part 1 of the CROW Act...Agreements relating to establishment and maintenance of route2(1) Where, in respect of any land, it appears to...Establishment and maintenance of route in absence of agreement3(1) This paragraph applies where— (a) it appears to Natural...Appeals relating to notices under paragraph 34(1) Where a notice under paragraph 3(3) has been given...Power for Natural England to fund works5Natural England may meet or contribute towards expenditure incurred or...Erection and maintenance of notices and signs6(1) Natural England may erect and maintain notices or signs...7In section 19 of the CROW Act (notices indicating boundaries...Removal of notices and signs8(1) Any notice or sign to which this paragraph applies...Powers of entry9(1) A person who is authorised by Natural England may...Interpretation of Schedule10(1) In this Schedule— “coastal margin” has the same meaning...Schedule 21Amendments of the Harbours Act 19641The Harbours Act 1964 (c. 40) is amended as follows....Provision that may be made by harbour empowerment order2(1) Section 16 (power to make harbour empowerment orders) is...Delegation of certain functions under the Act3(1) After section 42 (accounts and reports) insert— Delegation of...Consent of Welsh Ministers or Secretary of State required for making of certain harbour orders4After section 42B (inserted by paragraph 3(1)) insert— Consent of...Procedure for dealing with applications for harbour orders5(1) In Schedule 3 (procedure for making harbour revision and...Procedure where harbour revision orders are made otherwise than on application6(1) For paragraph 28 of Schedule 3 (inquiry to be...Application of paragraphs 5 and 67The amendments made by paragraphs 5 and 6 apply to...Schedule 22RepealsPart 1EEZ, UK marine area and Welsh zonePart 2Marine licensingPart 3Nature conservationPart 4Management of inshore fisheriesPart 5FisheriesPart 6EnforcementPart 7Coastal accessPart 8Miscellaneous2009 c. 23An Act to make provision in relation to marine functions and activities; to make provision about migratory and freshwater fish; to make provision for and in connection with the establishment of an English coastal walking route and of rights of access to land near the English coast; to enable the making of Assembly Measures in relation to Welsh coastal routes for recreational journeys and rights of access to land near the Welsh coast; to make further provision in relation to Natural England and the Countryside Council for Wales; to make provision in relation to works which are detrimental to navigation; to amend the Harbours Act 1964; and for connected purposes.[12th November 2009]Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—