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• Legislation and Duties
• Marine Protected Areas
• Natural Environment Group
• SEMS Publications
• Solent Marine Sites

Legislation and Duties in MPAs

Competent and Relevant Authorities

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. They have a duty when they:

• manage a site that they own or occupy
• take decisions that might affect a site
• get asked by a third party to use their powers to protect a site
• carry out statutory work affecting a site

They have a duty to consider how they can help to:

• protect, conserve or restore the designated features of the site to meet their conservation objectives
• prevent the deterioration of the site’s habitats from human activity or natural changes, including habitats that support designated species
• prevent significant disturbance of the site’s designated species from human activity or natural changes
• Work with other competent authorities - i.e. SEMS Management Scheme
• May need to work with other competent authorities in their area and coordinate the use of powers to protect, conserve or restore a site.

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 2010 also place legal duties on the Council where it is a landowner.

MMO Byelaws

The MMO is the lead authority for the management of fisheries in English waters from 6nm to 200nm and is responsible for developing byelaws to protect MPAs from activities that may cause damage.

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.

A MMO byelaw will include:

• the law that allows the byelaw to be made;
• details (including coordinates) of the site or specified areas;
• details of the activity being prohibited or restricted;
• details of possible permits – like a scientific exemption;
• the conservation objectives of the site with background information about the byelaw possibly included in an explanatory note.

Natural England have produced a marine recreation toolkit that summaries the roles and responsibilities of authorities with regard to managing recreational activities.