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Energy Bill [HL]


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

78

 

98      

Installations in territorial waters and renewable energy zones

Installations and the safety zones around them may not be established where

interference may be caused to the use of recognised sea lanes essential to

international navigation.

99      

Interference with safety of navigation

5

In assessing whether installations and the safety zones around them present a

danger to navigation, the Secretary of State shall ensure that their cumulative

effects on safety of navigation are taken fully into account.

Rights of navigation and civil aviation

100     

Extinguishment etc. of public rights of navigation

10

(1)   

After section 36 of the 1989 Act insert—

“36A    

Declarations extinguishing etc. public rights of navigation

(1)   

Where a consent is granted by the Secretary of State or the Scottish

Ministers in relation to—

(a)   

the construction or operation of a generating station that

15

comprises or is to comprise (in whole or in part) renewable

energy installations situated at places in relevant waters, or

(b)   

an extension that is to comprise (in whole or in part) renewable

energy installations situated at places in relevant waters or an

extension of such an installation,

20

   

he or (as the case may be) they may, at the same time, make a

declaration under this section as respects rights of navigation so far as

they pass through some or all of those places.

(2)   

The Secretary of State or the Scottish Ministers may make such a

declaration only if the applicant for the consent made an application for

25

such a declaration when making his application for the consent.

(3)   

A declaration under this section is one declaring that the rights of

navigation specified or described in it—

(a)   

are extinguished;

(b)   

are suspended for the period that is specified in the declaration;

30

(c)   

are suspended until such time as may be determined in

accordance with provision contained in the declaration; or

(d)   

are to be exercisable subject to such restrictions or conditions, or

both, as are set out in the declaration.

(4)   

A declaration under this section—

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(a)   

has effect, in relation to the rights specified or described in it,

from the time at which it comes into force; and

(b)   

continues in force for such period as may be specified in the

declaration or as may be determined in accordance with

provision contained in it.

40

(5)   

A declaration under this section—

(a)   

must identify the renewable energy installations, or proposed

renewable energy installations, by reference to which it is made;

 

 

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

79

 

(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 modify or revoke a previous such declaration, or a

declaration under section 101 of the Energy Act 2004; and

(d)   

may make different provision in relation to different means of

5

exercising a right of navigation.

(6)   

Where a declaration is made under this section by the Secretary of State

or the Scottish Ministers, or a determination is made by him or them for

the purposes of a provision contained in such a declaration, he or (as

the case may be) they must either—

10

(a)   

publish the declaration or determination in such manner as

appears to him or them to be 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 by the applicant for

15

the declaration.

(7)   

In this section—

   

‘consent’ means a consent under section 36 above;

   

‘extension’, in relation to a renewable energy installation, has the

same meaning as in Chapter 2 of Part 2 of the Energy Act 2004;

20

   

‘relevant waters’ means waters in or adjacent to Great Britain

which are between the mean low water mark and the seaward

limits of the territorial sea.”

(2)   

In paragraph 8 of Schedule 8 to that Act (supplementary provisions relating to

applications under section 36 of that Act), after sub-paragraph (2) insert—

25

     “(3)  

Where an application for a declaration under section 36A of this Act

is made with an application for a consent under section 36 of this Act,

the application for the declaration shall be treated for the purposes of

this Schedule as part of the application for the consent.”

(3)   

In section 3D of that Act (principal objective and general duties not to apply to

30

Secretary of State’s functions under section 36 or 37), for “section 36 or 37”

substitute “sections 36 to 37”.

101     

Further provision relating to public rights of navigation

(1)   

This section applies where a consent falling within subsection (2) has been

granted by the Secretary of State or the Scottish Ministers (“the consenting

35

authority”) under section 36 of the 1989 Act (consent required for construction

etc. of generating stations) before the commencement of section 100.

(2)   

A consent falls within this subsection if it relates to—

(a)   

the construction or operation of a generating station that comprises or

is to comprise (in whole or in part) renewable energy installations

40

situated in relevant waters; or

(b)   

an extension that comprises or is to comprise (in whole or in part)

renewable energy installations so situated or an extension of such an

installation.

(3)   

On an application made by the generator, the consenting authority may make

45

a declaration under this section as respects rights of navigation—

 

 

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

80

 

(a)   

so far as they pass through the places where the renewable energy

installations are situated or are to be situated; or

(b)   

so far as they pass through some of those places.

(4)   

A declaration under this section is one declaring that the rights of navigation

specified or described in it—

5

(a)   

are extinguished;

(b)   

are suspended for the period that is specified in the declaration;

(c)   

are suspended until such time as may be determined in accordance

with provision contained in the declaration; or

(d)   

are to be exercisable subject to such restrictions or conditions, or both,

10

as are set out in the declaration.

(5)   

Subsections (4) to (6) of section 36A of the 1989 Act (declarations extinguishing

etc. rights of navigation upon grant of consent under section 36 of that Act)

shall apply in relation to declarations under this section as they apply in

relation to declarations under that section, but with the omission of subsection

15

(5)(c).

(6)   

Before making a declaration under this section, the consenting authority

must—

(a)   

publish details of the generator’s application in such manner as that

authority considers appropriate;

20

(b)   

give notice of that application to such persons as that authority

considers appropriate;

(c)   

consult the persons to whom notice has been given;

(d)   

make such arrangements as that authority considers appropriate for a

copy of the application to be made available for inspection by members

25

of the public; and

(e)   

give such opportunities to such persons as that authority considers

appropriate to make representations to the authority about the

application.

(7)   

The consenting authority may satisfy the requirements of paragraphs (a) to (d)

30

of subsection (6) by securing that the things that it is required to do under those

paragraphs are done on its behalf by the generator.

(8)   

In this section—

   

“generator”, in relation to a consent under section 36 of the 1989 Act,

means the person who is constructing or operating the station in

35

question, or making the extension in question, or who is proposing to

do so;

   

“relevant waters” has the same meaning as in section 36A of the 1989 Act.

102     

Application of civil aviation regulations to renewable energy installations

(1)   

Schedule 13 to the Civil Aviation Act 1982 (c. 16) (subordinate instruments) is

40

amended as follows.

(2)   

In the Table in Part 2 (provisions applying to certain powers), in the entry for

section 60, in column 4 (applicable paragraphs of Part 3 of the Schedule), for

“and 6” substitute “, 6 and 7”.

(3)   

In paragraph 6 of Part 3 (extra-territorial provisions), in sub-paragraph (4) for

45

“sub-paragraph (5)” substitute “sub-paragraphs (5) and (7)”.

 

 

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

81

 

(4)   

After sub-paragraph (6) of that paragraph insert—

     “(7)  

So far as relates to a provision of an Order in Council or regulation

concerning aircraft on or in the neighbourhood of a renewable

energy installation, this paragraph—

(a)   

shall apply to all aircraft, and not only to aircraft registered in

5

the United Kingdom; and

(b)   

shall apply to the doing of anything in relation to an aircraft

by any person, irrespective of nationality, or (in the case of a

body corporate) of the law under which it was incorporated.

      (8)  

For the purposes of sub-paragraphs (5) and (7) the neighbourhood of

10

an installation includes anywhere within 500 metres of that

installation.

      (9)  

In this paragraph ‘renewable energy installation’ has the same

meaning as in Chapter 2 of Part 2 of the Energy Act 2004.”

(5)   

After that paragraph insert—

15

“7    (1)  

Without prejudice to paragraph 6 above, an Air Navigation Order

may make provision in relation to renewable energy installations

located within a Renewable Energy Zone as if those installations

were located in a part of the United Kingdom.

      (2)  

Such provision may apply to any person irrespective of nationality

20

or (in the case of a body corporate) of the law under which it was

incorporated.

      (3)  

In this paragraph ‘renewable energy installation’ and ‘Renewable

Energy Zone’ have the same meanings as in Chapter 2 of Part 2 of the

Energy Act 2004.”

25

Supplementary provisions of Chapter 2 of Part 2

103     

Amendments of 1989 Act consequential on Chapter 2 of Part 2

(1)   

The 1989 Act is amended as follows.

(2)   

In section 61(2) (concurrent proceedings for compulsory purchase and in

respect of consents under section 36 of that Act), at the end insert “and with any

30

related proceedings under Schedule 16 to the Energy Act 2004”.

(3)   

In section 62(3) (power to combine inquiries)—

(a)   

in paragraph (a), after “this Part” insert “or Schedule 16 to the Energy

Act 2004”; and

(b)   

in paragraph (b), after “this Part” insert “, that Schedule”.

35

(4)   

In section 64(1) (interpretation of Part 1)—

(a)   

after the definition of “authorised supplier” insert—

   

“‘construct’ and ‘construction’, in relation to so much of a

generating station as comprises or is to comprise renewable

energy installations, has the same meaning as in Chapter 2 of

40

Part 2 of the Energy Act 2004;”;

(b)   

after the definitions of “relevant condition” and “relevant requirement”

 

 

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

82

 

insert—

   

“‘renewable energy installation’ and ‘Renewable Energy Zone’

have the same meanings as in Chapter 2 of Part 2 of the

Energy Act 2004;”.

(5)   

After section 108 insert—

5

“108A   

  Extraterritorial operation of Act

(1)   

Where by virtue of this Act an act or omission taking place outside

Great Britain constitutes an offence, 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 Great Britain.

10

(2)   

Provision made by or under this Act in relation to places outside Great

Britain—

(a)   

so far as it applies to individuals, applies to them whether or not

they are British citizens; and

(b)   

so far as it applies to bodies corporate, applies to them whether

15

or not they are incorporated under the law of a part of the

United Kingdom.”

104     

Other amendments consequential on Chapter 2 of Part 2

(1)   

In section 8 of the Continental Shelf Act 1964 (c. 29) (application of Submarine

Telegraph Act 1885 to pipelines and submarine cables)—

20

(a)   

in subsection (1), omit “high-voltage”; and

(b)   

in subsection (1A), for the words from “pipe-lines under the high seas”

onwards substitute “submarine cables and pipe-lines under the high

seas includes a reference to submarine cables and pipe-lines under the

territorial sea adjacent to the United Kingdom or under waters in an

25

area designated under section 1(7) of this Act”.

(2)   

In section 23 of the Police and Criminal Evidence Act 1984 (c. 60) (meaning of

premises)—

(a)   

in the definition of “premises”, for the “and” at the end of paragraph (b)

substitute—

30

“(ba)   

any renewable energy installation;”;

(b)   

after the definition of “offshore installation” insert—

   

“‘renewable energy installation’ has the same meaning as

in Chapter 2 of Part 2 of the Energy Act 2004.”

(3)   

In section 10(10) of the Petroleum Act 1998 (c. 17) (section to apply to

35

installations in transit), after “transit” insert “but does not apply to an

installation that is a renewable energy installation (within the meaning of

Chapter 2 of Part 2 of the Energy Act 2004)”.

(4)   

After section 47 of that Act insert—

“47A    

Factors for the Secretary of State to take into account

40

(1)   

The matters to which the Secretary of State may have regard, in

exercising or performing the powers and duties conferred or imposed

on him by or under this Act, include, in particular—

(a)   

activities in relevant waters for or in connection with the

generation of electricity;

45

 

 

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

83

 

(b)   

proposals made by a person to carry on such activities;

(c)   

the proposals that it appears to the Secretary of State may be

made in the future for the carrying on of such activities; and

(d)   

the likelihood that activities will in due course be carried on in

accordance with proposals falling within paragraph (b) or (c).

5

(2)   

The reference in subsection (1) to activities in connection with the

generation of electricity in relevant waters includes—

(a)   

the transmission, distribution and supply of the electricity

generated; and

(b)   

the doing of anything (whether by way of investigations, trials

10

or feasibility studies or otherwise) with a view to ascertaining

whether activities in relevant waters for or in connection with

the generation of electricity are, in a particular case, practicable

or commercially viable, or both.

(3)   

In this section—

15

   

‘distribution’, ‘generate’, ‘supply’ and ‘transmission’, and

cognate expressions, have the same meanings as in Part 1 of the

Electricity Act 1989; and

   

‘relevant waters’ means—

(a)   

waters in or adjacent to the United Kingdom up to the

20

seaward limits of the territorial sea; or

(b)   

waters in a Renewable Energy Zone (within the

meaning of Chapter 2 of Part 2 of the Energy Act 2004).”

105     

Interpretation of Chapter 2 of Part 2

(1)   

In this Chapter—

25

   

“construct”, in relation to an installation or an electric line or in relation to

a generating station so far as it is to comprise renewable energy

installations, includes—

(a)   

placing it in or upon the bed of any waters;

(b)   

attaching it to the bed of any waters;

30

(c)   

assembling it;

(d)   

commissioning it; and

(e)   

installing it;

   

and “construction” is to be construed accordingly;

   

“decommission”, in relation to an installation or an electric line,

35

includes—

(a)   

removing it from the bed of any waters;

(b)   

demolishing it; and

(c)   

dismantling it;

   

“distribution” and “electric line” have the same meanings as in Part 1 of

40

the 1989 Act;

   

“extend” and “extension”—

(a)   

in relation to a generating station, have the same meanings as in

Part 1 of the 1989 Act; and

(b)   

in relation to an installation, have the same meanings as in

45

relation to a generating station;

   

“installation” includes artificial island, structure and device;

 

 

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

84

 

   

“master” includes—

(a)   

in relation to a hovercraft, the captain;

(b)   

in relation to any submersible apparatus, the person in charge

of the apparatus; and

(c)   

in relation to an installation in transit, the person in charge of

5

the transit operation;

   

“renewable energy installation” is to be construed in accordance with

subsections (3) to (5);

   

“Renewable Energy Zone” has the meaning given by section 83(4);

   

“safety zone” means an area which is a safety zone for the purposes of this

10

Chapter by virtue of section 94;

   

“Scottish part”, in relation to a Renewable Energy Zone, means so much

of that Zone as is designated under section 83(5);

   

“Scottish waters” means—

(a)   

the internal waters of the United Kingdom that are in or are

15

adjacent to Scotland; or

(b)   

so much of the territorial sea of the United Kingdom as is

adjacent to Scotland;

   

“submersible apparatus” has the meaning given by section 88(4) of the

Merchant Shipping Act 1995 (c. 21);

20

   

“supply”, in relation to electricity, has the same meaning as in Part 1 of the

1989 Act;

   

“transmission”, in relation to electricity, has the same meaning as in Part

1 of the 1989 Act;

   

“vessel” includes—

25

(a)   

a hovercraft;

(b)   

any submersible apparatus; and

(c)   

an installation in transit.

(2)   

References in this Chapter to the production of energy from water include, in

particular, references to its production from currents and tides.

30

(3)   

In this Chapter “renewable energy installation” means—

(a)   

an offshore installation used for purposes connected with the

production of energy from water or winds;

(b)   

an installation in the course of construction at a place where it is to be

used as an offshore installation within paragraph (a);

35

(c)   

an installation that has ceased to be an installation within paragraph (a)

while remaining an offshore installation (whether or not at the same

place);

(d)   

an installation that is being decommissioned at a place where it has

been an installation within paragraph (a) or (c);

40

(e)   

an installation in transit to or from a place where it is to be, or has been,

used for purposes that would make it, or made it, an installation within

paragraph (a);

(f)   

an installation in transit to or from a place where it is to be, or was, an

installation within paragraph (c).

45

(4)   

In subsection (3) “offshore installation” means an installation which is situated

in waters where—

(a)   

it permanently rests on, or is permanently attached to, the bed of the

waters; and

 

 

 
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