HC Deb 15 March 2002 vol 381 cc1164-5

'(1) For the purposes of this Act—

a "marine area" is any part of the sea in or adjacent to England or Wales, or any land covered (continuously or intermittently) by tidal waters in or adjacent to England or Wales;

a "marine site of special interest" is a marine area in respect of which a notification has effect under this Act.

(2) A marine area notified as a marine site of special interest—

  1. (a) may extend from the mean low water mark up to the seaward limit of territorial waters;
  2. (b) may include the sea bed, the soil under the sea bed to a depth of 30 metres, and the water column.

(3) A marine site of special interest must not include—

  1. (a) any part of an area of land which has been notified under section 28(1) of the Wildlife and Countryside Act 1981 (c. 69) (sites of special scientific interest);
  2. (b) any part of a European marine site, unless the reason for which that part of the marine area is a marine site of special interest is a reason other than that for which it is a European marine site.

(4) In section 28 of the Wildlife and Countryside Act 1981 (c. 69) (sites of special scientific interest), after subsection (10) insert—

"(11) An area notified under this section must not include any part of an area of land which has been notified as a marine site of special interest under the Marine Wildlife Conservation Act 2002 (c. 00)."

(5) If any part of a marine site of special interest is, after it has been notified as such, included in a European marine site, that part ceases to be a marine site of special interest, unless the reason for which that part is a marine site of special interest is a reason other than that for which it is a European marine site.

(6) References in this Act to the reasons for which a marine area is a European marine site are references to—

  1. (a) the natural habitat types in Annex I to the Habitats Directive hosted by the site;
  2. (b) the native species in Annex II to the Habitats Directive hosted by the site; or
  3. (c) the bird species for which the site is classified pursuant to Article 4(1) or (2) of the Wild Birds Directive.'.— [Mr. Meacher.]

Brought up, read the First and Second time, and added to the Bill.

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