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• Legislation and Duties
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• Solent Marine Sites

Legislation and Duties in MPAs

Introduction

The responsibility of public authorities in improving protected site condition is reflected in legislation and guidance. Public authorities have a statutory duty, when exercising their functions, to take reasonable steps to further the conservation and enhancement of SSSI features and have a duty to have regard to the requirements of the Habitats and Birds Directives in exercising their functions. Natural England have a stronger duty to exercise their functions which are relevant to nature conservation, so as to secure compliance with the requirements of the directives.

Public bodies are also subject to a general biodiversity duty, requiring them to consider what actions they can take, consistent with their functions, to further the conservation and enhancement of biodiversity in England. Government guidance to public authorities on this duty states that authorities should ‘work actively with Natural England and others to identify and implement the actions needed to improve [protected] site condition’.

Habitats Regulations

Regulation 9 of the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’) sets out duties for relevant public authorities to exercise their nature conservation functions in compliance with, or with regard to, the requirements of the Habitats Directive and the Wild Birds Directives. Under the Environment Act, 2021 public authorities in England have a duty to have regard to conserving biodiversity as part of policy or decision making. 

The Habitats Regulations refer to two different types of statutory organisations who have certain responsibilities within Marine Protected Areas. They are known as competent and relevant authorities. The term competent authorities includes any statutory body or public office exercising legislative powers, whether on land or sea. Relevant authorities are those competent authorities which have powers or functions which have, or could have, an impact on the marine area within or adjacent to a European marine site. 

Defra have produced guidance for competent authorities on their duty to protect, conserve and restore European sites. 

Key Statutory Players

Natural England

Natural England may make byelaws to protect SSSIs under section 28R of the Wildlife and Countryside Act 1981, incorporating section 20 of the National Parks and Access to the Countryside Act 19494. Natural England can request a Special Nature Conservation Order (SNCO) from the Secretary of State to protect the natural features of EMS from damage. Where an SNCO is in place, Natural England can serve a 'stop notice' on behalf of the minister, which is a legal notice, informing the recipient that they must not carry out a particular activity. Natural England also has byelaw powers for intertidal Sites of Specific Scientific Interest (SSSIs) and National Nature Reserves (NNRs).

Local Authorities

Under the Byelaws (Alternative Procedure) (England) regulations 2016, Local Authorities have the authority to make and amend byelaws relating to the 'seashore'. This includes activities such as access and dog walking. Under the Marine and Coastal Access Act 2009, public authorities must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents (Marine Plan), unless relevant considerations indicate otherwise. Non authorisation or enforcement decisions capable of affecting the UK marine area must also have regard to the appropriate marine policy documents. In general, Local Authorities are responsible for decisions down to the mean low water mark. The Wildlife and Countryside Act 1981 and Conservation of Habitats and Species Act 2017 also place legal duties on the Authority where it is a landowner.

Inshore Fisheries and Conservation Authorities

MMO

Under section 129 of the Marine and Coastal Access Act 2009, the MMO may make one or more byelaws for the purpose of furthering the conservation objectives stated for a Marine Conservation Zones (MCZ) in England. Byelaw making powers include “prohibiting or restricting entry into, or any movement or other activity within the MCZ” and “prohibiting or restricting the anchoring of any vessel within the MCZ”. The MMO also has the powers to make emergency and interim byelaw where there is an urgent need to protect a site. These powers are extended to European Marine Sites (EMS) under Section 38 of the Conservation of Habitats and Species Regulations 20103. European Marine Sites include Special Areas of Conservation (SAC) and Special Protection Areas (SPA).

MMO byelaws can prohibit or restrict:

• entry to a site, movement or other activity by people, animals, vessels or vehicles;
• vessel speed;
• vessel anchoring;
• killing, taking, destroying or disturbing any animals or plants;
• anything that interferes with the seabed or damages or disturbs any object in the sea;
• specific activities in certain parts of the site;
• specific activities in certain periods of a year;
• certain methods of activity within a site.