The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (SI 2010/760) is a statutory instrument of the United Kingdom government, defining the boundaries of internal waters, territorial sea, and British Fishing Limits adjacent to Wales.[1] It was introduced in accordance with the Government of Wales Act 2006, which reformed the devolved National Assembly for Wales.
| Statutory Instrument | |
 | |
| Citation | SI 2010/760 |
|---|---|
| Territorial extent | Wales |
| Dates | |
| Made | 17 March 2010 |
| Commencement | 31 March 2010 |
| Other legislation | |
| Made under | Government of Wales Act 2006 |
Status: Current legislation | |
| Text of the Welsh Zone (Boundaries and Transfer of Functions) Order 2010 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Defining jurisdictions
editThe territorial waters defined come under the jurisdiction of Welsh law, and are also used for defining the area of operation of the Welsh Government (including the Marine and Fisheries Division) and other Welsh Government agencies and sponsored bodies.
The territorial waters defined as not being Welsh waters come under the jurisdiction of either Scottish law, Northern Ireland law, or the rest of English law. Because the order defines the territorial limits of the separate jurisdictions, it comprises a piece of constitutional law in the constitution of the United Kingdom.
Welsh waters
editWelsh waters is a colloquial term which can refer to different sea areas, including:
- Internal waters and territorial sea adjacent to Wales. ("Wales" as defined in the Government of Wales Act 2006[2])
- British Fishing Limits adjacent to Wales. ("The Welsh Zone" as defined in the Government of Wales Act 2006[2])
- The UK continental shelf limits adjacent to Wales. (Part of the "Welsh offshore marine region" as defined in the Marine and Coastal Access Act 2009[3])
Application
editThe Welsh Government had not chosen not to reform fishing in Wales using this instrument before 2020.[4] In 2019, the Welsh Government published the first Welsh National Marine Plan.[5]
The Welsh Government maintains the "ecosystem-based management" of these waters, including Carmarthen Bay and Estuaries.[6]
Political implications
editThe Irish Sea has six different governments administering the management of fisheries and vessels on it,[a] and it can therefore be seen as a "particularly complex area".[7]
Soon after this Order, the United Kingdom government signed and ratified the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, which applies this agreement to the Welsh zone.[8]
See also
editNotes
edit- ^ England, Scotland, Wales, Northern Ireland, and the Isle of Man all separately administer their own waters on the Irish Sea. The Republic of Ireland maintains a maritime jurisdiction within the EU.
References
edit- ^ Williams, Geth; George, James. "Explanatory memorandum to The Welsh Zone (Boundaries and Transfer of Functions) Order 2010". Legislation.gov.uk. The National Archives. Archived (PDF) from the original on 18 December 2010. Retrieved 10 June 2020.
- ^ a b "Government of Wales Act 2006", legislation.gov.uk, The National Archives, 2006 c. 32
- ^ "Marine and Coastal Access Act 2009", legislation.gov.uk, The National Archives, 2009 c. 23
- ^ City university, ed. (2022). "The Fisheries Act 2020 and Devolution". Fisheries and the law in Europe: regulation after Brexit. Legal perspectives on Brexit. Abingdon, Oxon: Routledge. ISBN 978-1-032-16823-4.
- ^ "Welsh National Marine Plan" (PDF). Welsh Government. 19 November 2019. Archived (PDF) from the original on 20 January 2022. Retrieved 30 September 2024.
- ^ Bullimore, Blaise (28 May 2014). "Problems and pressures, management and measures in a site of marine conservation importance: Carmarthen Bay and Estuaries". Estuarine, Coastal and Shelf Science. 150: 288–298. doi:10.1016/j.ecss.2014.05.005.
- ^ Emmerson, Jack Andrew (15 September 2021). Towards sustainable fisheries management; addressing evidence-gaps in baited-pot fisheries in the Irish Sea (PDF) (PhD thesis). Bangor: Bangor University. p. 5. Archived from the original (PDF) on 30 September 2024. Retrieved 30 September 2024.
- ^ Scott, Karen N. (1 January 2011). "F. United Kingdom". Yearbook of International Environmental Law. 22 (1): 427–444. doi:10.1093/yiel/yvs107. ISSN 2045-0052.