Energy Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Energy Bill [HL]

Energy Bill [HL]
Part 2 — Sustainability and Renewable Energy Sources
Chapter 2 — Offshore production of energy
74

Safety zones for installations
94
Safety zones around renewable energy installations
(1)
This section applies where—
(a)
there is a proposal to construct a renewable energy installation in
waters subject to regulation under this section, or to extend or to
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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
in such waters; or
(c)
a renewable energy installation is being constructed, extended,
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operated or decommissioned in such waters.
(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,
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(b)
other installations in the vicinity of the installation or the place where it
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,
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he may issue a notice declaring that such areas specified or described in the
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
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(b)
where no such application is made, on his own initiative.
(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.
30
(5)
An area may be declared to be a safety zone only if it is an area of waters
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.
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(6)
A notice under this section—
(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;
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(c)
may contain provision by virtue of which the area of a safety zone
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,
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the provisions of the notice, or for the imposition of such prohibitions;

Energy Bill [HL]
Part 2 — Sustainability and Renewable Energy Sources
Chapter 2 — Offshore production of energy
75

(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
5
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—
10
(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
(b)
secure that it is published in that manner—
(i)
by the applicant for the notice; or
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(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.
(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
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with the notice, or with regulations under section 95—
(a)
to impose a prohibition;
(b)
to grant a permission; or
(c)
to impose conditions in relation to a permission.
(9)
Schedule 16 (which makes provision about the procedure for the declaration of
25
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
water mark and the seaward limits of the territorial sea; and
(b)
waters within a Renewable Energy Zone.
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95
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—
(a)
by or in accordance with provision contained in a notice under section
94; or
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(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
doing so is prohibited by or in accordance with provision contained in a notice
under section 94.
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(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
(b)
by or in accordance with provision contained in regulations made by
the Secretary of State.
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Energy Bill [HL]
Part 2 — Sustainability and Renewable Energy Sources
Chapter 2 — Offshore production of energy
76

(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
and such periods as may be specified or described in that provision;
and
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(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.
(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
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permission.
(6)
The conditions may include—
(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
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to which the permission relates is to be carried on.
(7)
Regulations under this section may confer discretions, with respect to the
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.
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96
Offences relating to safety zones
(1)
Where a vessel enters or remains in a safety zone in contravention of section
95(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
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the purposes of section 95, and
(b)
there is a contravention of a condition of that permission in relation to
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
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contravention of section 95(2) is guilty of an offence.
(4)
Where—
(a)
a person carries on an activity wholly or partly in a safety zone with a
permission granted for the purposes of section 95, and
(b)
there is a contravention of a condition of that permission in relation to
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the carrying on of that activity,

that person is guilty of an offence.
(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;
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(b)
on conviction on indictment, to imprisonment for a term not exceeding
two years or to a fine, or to both.
(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—
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Energy Bill [HL]
Part 2 — Sustainability and Renewable Energy Sources
Chapter 2 — Offshore production of energy
77

(a)
was not known to the master of the vessel in question at the time of the
offence; and
(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
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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
(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
10
section for that person to show that he took all reasonable steps to prevent the
contravention in question.
97
Supplementary provisions relating to offences under s. 96
(1)
Where the commission of an offence under section 96 is due—
(a)
in the case of an offence under subsection (1) or (2) of that section, to an
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act or omission of a person other than the owner or master of the vessel
in question, or
(b)
in the case of an offence under subsection (3) or (4) of that section, to an
act or omission of a person other than the person carrying on the
activity in question,
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that person is also guilty of that offence and shall be liable to be proceeded
against and dealt with accordingly.
(2)
Where an offence under section 96 is committed by a body corporate and is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of—
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(a)
a director, manager, secretary or other similar officer of the body
corporate, or
(b)
a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and shall be liable to
be proceeded against and dealt with accordingly.
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(3)
Where an offence under section 96—
(a)
is committed by a Scottish firm, and
(b)
is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of, a partner of the firm,

he (as well as the firm) is guilty of that offence and shall be liable to be
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proceeded against and dealt with accordingly.
(4)
Where an offence under section 96 is committed outside of the United
Kingdom, proceedings for the offence may be taken, and the offence may for
all incidental purposes be treated as having been committed, in any place in the
United Kingdom.
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(5)
Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to
prosecution of offences committed on the open sea by persons who are not
British citizens) does not apply to proceedings for an offence under section 96.
(6)
In this section “director”, in relation to a body corporate whose affairs are
managed by its members, means a member of the body corporate.
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