Wildlife and Countryside Act 1981 (c. 69)
1981 c. 69 - continued

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National nature reserves.


        35.—(1)  Where the Nature Conservancy Council are satisfied that any land which—

    (a)  is being managed as a nature reserve under an agreement entered into with the Council;  
    (b)  held by the Council 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.

    (2)  A declaration by the Council 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, the Council may, as respects any land which is declared to be a national nature reserve under subsection (l)(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 the Council for the purposes of this section;
    "nature reserve" has the same meaning as in Part III of the 1949 Act.


Marine nature reserves.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1862 c. 97.

1966 c. 38.


        36.(1)  Where, in the case of any land covered (continuously or intermittently) by tidal waters or parts of the sea in or adjacent to Great Britain up to the seaward limits of territorial waters, it appears to the Secretary of State expedient, on an application made by the Nature Conservancy Council, that the land and waters covering it should be managed by the Council 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 the Council 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, the Council 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 the Council 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 coining 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 the Council 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—

       (a)   in relation to England and Wales, a county council a district council, the Greater London Council or a London borough council;
       (b)   in relation to Scotland , a regional council, an islands council or a district council;

    " relevant authority " means a local authority, a water authority or any other statutory water undertakers, an internal drainage board, a navigation authority, a harbour authority, a pilotage authority, a lighthouse authority, a conservancy authority, a river purification board, a district board for a fishery district within the meaning of the Salmon Fisheries (Scotland) Act 1862, or a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966.


Byelaws for protection of marine nature reserves.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
1972 c. 70.
1973 c. 65.


        37.—(1)  The Nature Conservancy Council 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 Local Government Act 1972 or sections 202 to 204 of the Local 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 the Council 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 the Council, 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)  The Council 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 the Council.

    (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.


Grants and loans by Nature Conservancy Council.


        38.(1)  The Nature Conservancy Council may, with the consent of, or in accordance with a general authorisation given by, the Secretary of State, give financial assistance by way of grant or loan, or partly in the one way and partly in the other, to any person in respect of expenditure incurred or to be incurred by him in doing anything which, in their opinion, is conducive to nature conservation or fostering the understanding of nature conservation.

    (2)  No consent or general authorisation shall be given by the Secretary of State under subsection (1) without the approval of the Treasury.               

    (3)  On making a grant or loan under this section the Council may impose such conditions as they think fit including (in the case of a grant) conditions for repayment in specified circumstances.

    (4)  The Council shall so exercise their powers under subsection (3) as to ensure that any person receiving a grant or loan under this section in respect of premises to which the public are to be admitted, whether on payment or otherwise, shall, in the means of access both to and within the premises, and in the parking facilities and sanitary conveniences to be available (if any), make provision, so far as it is in the circumstances both practicable and reasonable, for the needs of members of the public visiting the premises who are disabled.

    (5)  The exercise of the Council's powers under this section shall be subject to any direction given to the Council by the Secretary of State.

    (6)  Section 3 of the Nature Conservancy Council Act 1973 1 (which is superseded by this section) shall cease to have effect.

 
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