# Marine and Coastal Access Act 2009, Section 158: Byelaws: supplementary provision

Extent: E+W

(1) The power to make byelaws under section 155 includes power to make different provision for different cases or different circumstances, including (in particular)—
(a) different parts of an IFC district;
(b) different times of the year;
(c) different descriptions of sea fisheries resources.
(2) The power to make byelaws under section 155 also includes—
(a) power to provide for exceptions or conditions;
(b) power to provide for a byelaw to cease to have effect after a specified period.
(3) Subject to subsection (5), the provision that may be made by a byelaw under section 155 includes provision that prohibits, restricts or otherwise interferes with the exercise of a right to which subsection (4) applies.
(4) This subsection applies to—
(a) any right of several fishery;
(b) any right on, to or over any portion of the seashore that is enjoyed by a person under a local or special Act, a Royal charter, letters patent, or by prescription or immemorial usage.
(5) An IFC authority may make a byelaw that prohibits, or significantly restricts or interferes with, the exercise of a right to which subsection (4) applies only if the person who enjoys the right consents.
(6) Subsection (5) does not apply in relation to the exercise of such a right in relation to any of the following sites—
(a) a site of special scientific interest, within the meaning of Part 2 of the Wildlife and Countryside Act 1981 (c. 69);
(b) a national nature reserve declared in accordance with section 35 of that Act;
(c) a Ramsar site, within the meaning of section 37A of that Act;
(d) a European marine site, within the meaning of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (see regulation 8) ;
(e) a marine conservation zone designated by an order under section 116.
(7) In this section “specified” means specified in the byelaw.

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Source: https://www.legislation.gov.uk/ukpga/2009/23/section/158 (the official version)
Page: https://openlegislation.uk/marine-and-coastal-access-act-2009/section-158
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

