5FProtection of marine environment: supplementary provision

1

In sections 5A to 5E of this Act—

• “European marine site” has the same meaning as in the Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490) (see regulation 8);

• “the grantees”, in relation to a right of several fishery, means the persons for the time being entitled to that right;

• “harm”, in relation to a European marine site, means—

  1. a

     an adverse effect on the integrity of the site,

  2. b

     the deterioration of a relevant natural habitat or of the habitat of a relevant species, or

  3. c

     the disturbance of a relevant species, in so far as the disturbance could be significant in relation to the objectives of the Habitats Directive.

2

For the purposes of the definition of “harm” in subsection (1)—

• a “relevant” natural habitat or species is one for which the site in question has been designated or classified as a European marine site;

• “the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

3

Sections 5A to 5E of this Act do not apply in relation to an order made under section 1 of this Act before the coming into force of Part 5 of the Environment (Wales) Act 2016.