|
| |
|
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 |
| 5 |
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 |
| |
| |
(c) | a renewable energy installation is being constructed, extended, |
| 10 |
operated or decommissioned in such waters. |
| |
(2) | If the Secretary of State considers it appropriate to do so for the purpose of |
| |
| |
(a) | the renewable energy installation or its construction, extension or |
| |
| 15 |
(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 |
| |
| |
(d) | vessels in that vicinity or individuals on such vessels, |
| 20 |
| 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 |
| 25 |
(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 |
| |
| 35 |
(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; |
| 40 |
(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, |
| 45 |
the provisions of the notice, or for the imposition of such prohibitions; |
| |
|
| |
|
| |
|
(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 |
| 15 |
(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 |
| 20 |
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. |
| 30 |
95 | Prohibited activities in safety zones |
| |
(1) | A vessel is not to enter or remain in a safety zone except where permission for |
| |
| |
(a) | by or in accordance with provision contained in a notice under section |
| |
| 35 |
(b) | by or in accordance with provision contained in regulations made by |
| |
| |
(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 |
| |
| 40 |
(3) | Subsection (2) does not apply to the extent that carrying on the activity is |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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; |
| |
| 5 |
(b) | provision for the permissions to apply only to such vessels, such |
| |
persons and such purposes as may be specified or described in that |
| |
| |
(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 |
| 10 |
| |
(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 |
| 15 |
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. |
| 20 |
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. |
| |
| |
(a) | a vessel enters or remains in a safety zone with a permission granted for |
| 25 |
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 |
| 30 |
contravention of section 95(2) is guilty of an offence. |
| |
| |
(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 |
| 35 |
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 |
| |
| 40 |
(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 |
| |
| 45 |
|
| |
|
| |
|
(a) | was not known to the master of the vessel in question at the time of the |
| |
| |
(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 |
| 5 |
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 |
| 15 |
act or omission of a person other than the owner or master of the vessel |
| |
| |
(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 |
| |
| 20 |
| 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— |
| 25 |
(a) | a director, manager, secretary or other similar officer of the body |
| |
| |
(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. |
| 30 |
(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 |
| 35 |
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 |
| |
| 40 |
(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. |
| 45 |
|
| |
|