|
| |
|
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— |
| |
| |
(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— |
| 35 |
(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | secure that it is published in that manner by the applicant for |
| 15 |
| |
| |
| ‘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 |
| |
| |
(3) | On an application made by the generator, the consenting authority may make |
| 45 |
a declaration under this section as respects rights of navigation— |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(6) | Before making a declaration under this section, the consenting authority |
| |
| |
(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 |
| |
| |
(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 |
| |
(e) | give such opportunities to such persons as that authority considers |
| |
appropriate to make representations to the authority about the |
| |
| |
(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. |
| |
| |
| “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 |
| |
| |
| “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 |
| |
(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)”. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(3) | In this paragraph ‘renewable energy installation’ and ‘Renewable |
| |
Energy Zone’ have the same meanings as in Chapter 2 of Part 2 of the |
| |
| 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 |
| |
| |
(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” |
| |
|
| |
|
| |
|
| |
| “‘renewable energy installation’ and ‘Renewable Energy Zone’ |
| |
have the same meanings as in Chapter 2 of Part 2 of the |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(a) | in the definition of “premises”, for the “and” at the end of paragraph (b) |
| |
| 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 |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| 15 |
| ‘distribution’, ‘generate’, ‘supply’ and ‘transmission’, and |
| |
cognate expressions, have the same meanings as in Part 1 of the |
| |
Electricity Act 1989; and |
| |
| |
(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 |
| |
| 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 |
| |
| |
(a) | placing it in or upon the bed of any waters; |
| |
(b) | attaching it to the bed of any waters; |
| 30 |
| |
(d) | commissioning it; and |
| |
| |
| and “construction” is to be construed accordingly; |
| |
| “decommission”, in relation to an installation or an electric line, |
| 35 |
| |
(a) | removing it from the bed of any waters; |
| |
| |
| |
| “distribution” and “electric line” have the same meanings as in Part 1 of |
| 40 |
| |
| “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; |
| |
|
| |
|
| |
|
| |
(a) | in relation to a hovercraft, the captain; |
| |
(b) | in relation to any submersible apparatus, the person in charge |
| |
| |
(c) | in relation to an installation in transit, the person in charge of |
| 5 |
| |
| “renewable energy installation” is to be construed in accordance with |
| |
| |
| “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); |
| |
| |
(a) | the internal waters of the United Kingdom that are in or are |
| 15 |
| |
(b) | so much of the territorial sea of the United Kingdom as is |
| |
| |
| “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 |
| |
| |
| “transmission”, in relation to electricity, has the same meaning as in Part |
| |
| |
| 25 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | it permanently rests on, or is permanently attached to, the bed of the |
| |
| |
|
| |
|