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Energy Bill [HL]


Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy

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93      

Competitive tenders for offshore transmission licences

After section 6B of the 1989 Act (applications for transmission licences) insert—

“6C     

Competitive tenders for offshore transmission licences

(1)   

The Authority may by regulations make such provision as appears to it

to be appropriate for facilitating the making, in prescribed cases, of a

5

determination on a competitive basis of the person to whom an

offshore transmission licence is to be granted.

(2)   

That provision may include—

(a)   

provision, in prescribed cases, for the publication of a proposal

to grant an offshore transmission licence;

10

(b)   

provision for the inclusion in such a proposal of an invitation to

apply for such a licence;

(c)   

provision restricting the making of applications for offshore

transmission licences and imposing requirements as to the

period within which they must be made;

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(d)   

provision for regulating the manner in which applications are

considered and determined.

(3)   

Regulations under this section—

(a)   

may make provision by reference to a determination by the

Authority or to the opinion of the Authority as to any matter;

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and

(b)   

may dispense with or supplement provision made in relation to

applications for transmission licences by or under section 6A or

6B above.

(4)   

The approval of the Secretary of State is required for the making of

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regulations under this section.

(5)   

In this section—

   

‘offshore transmission licence’ means a transmission licence

authorising anything that forms part of a transmission system

to be used for purposes connected with offshore transmission;

30

and

   

‘prescribed’ means prescribed in or determined under regulations

made by the Authority.

(6)   

In subsection (5) ‘offshore transmission’ means the transmission within

an area of offshore waters of electricity generated by a generating

35

station in such an area.

(7)   

In subsection (6) ‘offshore waters’ means—

(a)   

waters in or adjacent to Great Britain which are between the

mean low water mark and the seaward limits of the territorial

sea; and

40

(b)   

waters within an area designated under section 1(7) of the

Continental Shelf Act 1964.”

 

 

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy

72

 

94      

Consents for generating stations offshore

(1)   

In section 36(1) of the 1989 Act (consent required for construction etc. of

generating stations), after “constructed” insert “at a relevant place (within the

meaning of section 4), and a generating station at such a place shall not be”.

(2)   

Before paragraph 8 of Schedule 8 to that Act (procedure for consents under

5

sections 36 and 37) insert—

“Generating stations not within areas of relevant planning authorities

7A    (1)  

This paragraph applies to every case where an application for a

consent under section 36 of this Act relates to—

(a)   

the construction or operation of a generating station the

10

whole or a part of which is to be, or is, at a place that is not

within the area of a relevant planning authority; or

(b)   

the extension of a generating station at or to a place the whole

or a part of which is not within such an area.

      (2)  

This Schedule shall have effect in relation to cases to which this

15

paragraph applies with the following modifications.

     (3)   

In paragraph 1(1), for the words from ‘land to which’ onwards

substitute ‘place to which the application relates, that is, the place

where it is proposed to construct the generating station, where the

proposed extension will be or where the station proposed to be

20

operated is situated.’

      (4)  

Paragraph 2 does not apply where no part of the place to which the

application relates is within the area of a relevant planning authority.

      (5)  

In paragraph 4—

(a)   

in sub-paragraph (1)—

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(i)   

in paragraph (a), for ‘land’ substitute ‘place’; and

(ii)   

in paragraph (b), for ‘in the locality’ substitute ‘in the

area specified in or determined in accordance with

regulations made by the Secretary of State’;

(b)   

in sub-paragraph (2), for the words from ‘the locality’

30

onwards substitute ‘the area specified in or determined in

accordance with regulations made by the Secretary of State.’;

and

(c)   

in sub-paragraph (3), for ‘in the locality’ substitute ‘who are

likely to be affected by the consent applied for if it is given’.

35

      (6)  

Paragraph 5 does not apply; but sub-paragraphs (7) to (10) apply

where—

(a)   

a public inquiry is to be held in accordance with paragraph

2(2) or 3(2); and

(b)   

the application for consent relates to a place a part of which

40

is in the area of one or more relevant planning authorities.

      (7)  

Except in so far as the Secretary of State otherwise directs, an inquiry

held in accordance with paragraph 2(2) must be confined to so much

of the application as relates to land within the area of the authority

by whom an objection has been made.

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      (8)  

The Secretary of State must have regard to objections made

otherwise than by the authority in question in determining whether

 

 

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy

73

 

to give a direction under sub-paragraph (7) and in determining

(where he gives one) what direction to give.

      (9)  

The Secretary of State may direct that separate inquiries may be held

in relation to any or each of the following—

(a)   

so much of the application as relates to land within the area

5

of a particular relevant planning authority;

(b)   

so much of the application as relates to anywhere that is not

within the area of a relevant planning authority.

     (10)  

For the purposes of sub-paragraph (7) a planning authority that has

made an objection is to be treated as not having done so if the

10

Secretary of State proposes to accede to the application subject to

such modifications or conditions as meet that objection.”

(3)   

In section 36(9) of that Act (definition of extension), after “land” insert “or area

of waters”.

(4)   

The functions conferred by virtue of this section on the Secretary of State are

15

not to be exercisable by the Scottish Ministers, except in pursuance of an Order

in Council made after the passing of this Act under section 63 of the Scotland

Act 1998 (c. 46).

95      

Application of regulations under 1989 Act offshore

(1)   

In section 29 of the 1989 Act (regulations relating to supply and safety), after

20

subsection (1) insert—

“(1A)   

Regulations under this section may include provision for securing the

purposes mentioned in subsection (1) in relation to the territorial sea

adjacent to Great Britain or any Renewable Energy Zone.”

(2)   

In section 30 of that Act (electrical inspectors), after subsection (3) insert—

25

“(3A)   

The regulations that may be made under this section include

regulations—

(a)   

imposing duties on electrical inspectors in relation to anything

in the territorial sea adjacent to Great Britain or a Renewable

Energy Zone; or

30

(b)   

making any other provision authorised by this section in

relation to activities carried on there.”

Safety zones for installations

96      

Safety zones around renewable energy installations

(1)   

This section applies where—

35

(a)   

there is a proposal to construct a renewable energy installation in

waters subject to regulation under this section, or to extend or to

decommission a renewable energy installation situated in such waters;

(b)   

there is a proposal to operate a renewable energy installation on

completion of its construction in such waters, or of any extension of it

40

in such waters; or

(c)   

a renewable energy installation is being constructed, extended,

operated or decommissioned in such waters.

 

 

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy

74

 

(2)   

If the Secretary of State considers it appropriate to do so for the purpose of

securing the safety of—

(a)   

the renewable energy installation or its construction, extension or

decommissioning,

(b)   

other installations in the vicinity of the installation or the place where it

5

is to be constructed or extended,

(c)   

individuals in or on the installation or other installations in that

vicinity, or

(d)   

vessels in that vicinity or individuals on such vessels,

   

he may issue a notice declaring that such areas specified or described in the

10

notice are to be safety zones for the purposes of this Chapter.

(3)   

The power of the Secretary of State to issue a notice under this section shall be

exercisable by him either—

(a)   

on an application made to him for the purpose by any person; or

(b)   

where no such application is made, on his own initiative.

15

(4)   

Before issuing a notice under this section which relates, wholly or partly, to—

(a)   

an area of Scottish waters, or

(b)   

an area of waters in a Scottish part of a Renewable Energy Zone,

   

the Secretary of State must consult the Scottish Ministers.

(5)   

An area may be declared to be a safety zone only if it is an area of waters

20

around or adjacent to a place where a renewable energy installation is to be, or

is being, constructed, extended, operated or decommissioned; but a safety zone

may extend to waters outside the waters subject to regulation under this

section.

(6)   

A notice under this section—

25

(a)   

must identify the renewable energy installation, or proposed

renewable energy installation, by reference to which it is issued;

(b)   

must specify the date on which it is to come into force, or the means by

which that date is to be determined;

(c)   

may contain provision by virtue of which the area of a safety zone

30

varies from time to time by reference to factors specified in, or

determinations made in accordance with, the provisions of the notice;

(d)   

may contain provision imposing prohibitions on the carrying on in a

safety zone of activities specified in, or determined in accordance with,

the provisions of the notice, or for the imposition of such prohibitions;

35

(e)   

may contain provision granting permission for vessels to enter or

remain in a safety zone or for persons to carry on prohibited activities,

or for the grant of such permissions;

(f)   

may confer discretions, with respect to the making of determinations

for the purposes of such a notice, on such persons as may be specified

40

or described in the notice;

(g)   

may modify or revoke a previous notice; and

(h)   

may make different provision in relation to different cases.

(7)   

Where a notice is issued under this section or a determination is made for the

purposes of such a notice, the Secretary of State must either—

45

(a)   

himself publish the notice or determination in such manner as he

considers appropriate for bringing it, as soon as is reasonably

practicable, to the attention of persons likely to be affected by it; or

 

 

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy

75

 

(b)   

secure that it is published in that manner—

(i)   

by the applicant for the notice; or

(ii)   

in the case of a determination made by a person other than the

Secretary of State, by the applicant for the notice or by the

person who made the determination.

5

(8)   

References in this section to a determination for the purposes of a notice

include references to a determination made for those purposes in accordance

with the notice, or with regulations under section 97

(a)   

to impose a prohibition;

(b)   

to grant a permission; or

10

(c)   

to impose conditions in relation to a permission.

(9)   

Schedule 16 (which makes provision about the procedure for the declaration of

safety zones) has effect.

(10)   

The waters subject to regulation under this section are—

(a)   

waters in or adjacent to Great Britain which are between the mean low

15

water mark and the seaward limits of the territorial sea; and

(b)   

waters within a Renewable Energy Zone.

97      

Prohibited activities in safety zones

(1)   

A vessel is not to enter or remain in a safety zone except where permission for

it to do so is granted—

20

(a)   

by or in accordance with provision contained in a notice under section

96; or

(b)   

by or in accordance with provision contained in regulations made by

the Secretary of State.

(2)   

A person must not carry on an activity wholly or partly in a safety zone if his

25

doing so is prohibited by or in accordance with provision contained in a notice

under section 96.

(3)   

Subsection (2) does not apply to the extent that carrying on the activity is

permitted—

(a)   

by or in accordance with provision contained in such a notice; or

30

(b)   

by or in accordance with provision contained in regulations made by

the Secretary of State.

(4)   

The provision that may be made with respect to permissions for the purposes

of this section includes—

(a)   

provision for the permissions to apply in relation only to such times

35

and such periods as may be specified or described in that provision;

and

(b)   

provision for the permissions to apply only to such vessels, such

persons and such purposes as may be specified or described in that

provision.

40

(5)   

The provision that may be made with respect to a permission for the purposes

of this section includes provision imposing conditions in relation to a

permission.

(6)   

The conditions may include—

 

 

Energy Bill [HL]
Part 3 — Renewable Energy Sources
Chapter 1 — Offshore production of energy

76

 

(a)   

conditions imposing obligations in relation to a vessel, or individuals

on it, that must be satisfied while the vessel is in the safety zone; and

(b)   

conditions imposing obligations as to the manner in which any activity

to which the permission relates is to be carried on.

(7)   

Regulations under this section may confer discretions, with respect to the

5

granting or imposition in accordance with the regulations of permissions or

conditions, on such persons as may be specified or described in the regulations.

(8)   

Regulations under this section are subject to the negative resolution procedure.

98      

Offences relating to safety zones

(1)   

Where a vessel enters or remains in a safety zone in contravention of section

10

97(1), the vessel’s owner and her master are each guilty of an offence.

(2)   

Where—

(a)   

a vessel enters or remains in a safety zone with a permission granted for

the purposes of section 97, and

(b)   

there is a contravention of a condition of that permission in relation to

15

the vessel or individuals on the vessel,

   

the vessel’s owner and her master are each guilty of an offence.

(3)   

A person who carries on an activity wholly or partly in a safety zone in

contravention of section 97(2) is guilty of an offence.

(4)   

Where—

20

(a)   

a person carries on an activity wholly or partly in a safety zone with a

permission granted for the purposes of section 97, and

(b)   

there is a contravention of a condition of that permission in relation to

the carrying on of that activity,

   

that person is guilty of an offence.

25

(5)   

A person guilty of an offence under this section shall be liable—

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum;

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

two years or to a fine, or to both.

30

(6)   

In proceedings against a person as the owner of a vessel for an offence under

subsection (1) or (2), it is a defence for him to show that the existence of the

safety zone—

(a)   

was not known to the master of the vessel in question at the time of the

offence; and

35

(b)   

would not have become known to the master had he made reasonable

inquiries before that time.

(7)   

In any other proceedings against a person for an offence under this section, it

is a defence for that person to show that the existence of the safety zone—

(a)   

was not known to him at the time of the offence; and

40

(b)   

would not have become known to him had he made reasonable

inquiries before that time.

(8)   

It is also a defence in proceedings against a person for an offence under this

section for that person to show that he took all reasonable steps to prevent the

contravention in question.

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