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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

204

 

Interpretation of this field

In this field—

“coast” means the coast of Wales adjacent to the sea, including the

coast of any island (in the sea) comprised in Wales;

“estuarial waters” means any waters within the limits of

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transitional waters within the meaning of the Water Framework

Directive (that is to say, Directive 2000/60/EC of the European

Parliament and of the Council of 23 October 2000 establishing a

framework for Community action in the field of water policy);

“highway” has the same meaning as in the Highways Act 1980;

10

“public foot crossing”, in relation to a river, means a bridge over

which, or tunnel through which, there is a public right of way,

or a public right of access, by virtue of which the public are able

to cross the river on foot;

“qualifying invalid carriage” means an invalid carriage within the

15

meaning of section 20 of the Chronically Sick and Disabled

Persons Act 1970 (use of invalid carriages on highways) which

complies with the prescribed requirements within the meaning

of that section;

“relevant upstream waters”, in relation to a river, means the

20

waters from the seaward limit of the estuarial waters of the river

upstream to the first public foot crossing;

“sea” includes the relevant upstream waters of a river;

and a journey by a qualifying invalid carriage is a permitted journey if the

carriage is being used in accordance with the prescribed conditions

25

within the meaning of section 20 of the Chronically Sick and Disabled

Persons Act 1970.”

Part 10

Miscellaneous

Natural England

30

305     

Area in which functions of Natural England exercisable

(1)   

Section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16)

(constitution of Natural England) is amended as follows.

(2)   

In subsection (3) (area in which functions exercisable) after “in relation to

England” insert “(including, where the context requires, the territorial sea

35

adjacent to England)”.

(3)   

After subsection (3) insert—

“(3A)   

An order or Order in Council made—

(a)   

under section 158(3) of the Government of Wales Act 2006 for

the purposes of determining which waters are treated as being

40

adjacent to Wales, or

(b)   

under section 126(2) of the Scotland Act 1998 for the purposes

of determining which waters are treated as being adjacent to

Scotland,

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

205

 

   

applies for the purposes of this section as it applies for the purposes of

the Act under which it is made.”.

306     

Natural England not to be responder for Civil Contingencies Act 2004

In Schedule 1 to the Civil Contingencies Act 2004 (c. 36) (category 1 and 2

responders) omit paragraph 11A (Natural England).

5

Countryside Council for Wales

307     

Area in which functions of Countryside Council for Wales exercisable

(1)   

The Environmental Protection Act 1990 (c. 43) is amended as follows.

(2)   

In section 128 (Countryside Council for Wales) after subsection (1) insert—

“(1A)   

Except where otherwise expressly provided, the functions of the

10

Countryside Council for Wales are exercisable in relation to Wales

only.

   

In this Part “Wales” has the same meaning as in the Government of

Wales Act 2006.”

(3)   

In section 132 (general functions of the Council) after subsection (2) insert—

15

“(2A)   

The following functions are exercisable in relation to Wales and the

Welsh zone—

(a)   

the functions conferred by paragraphs (c) to (e) of subsection

(1);

(b)   

the functions conferred by subsection (2).

20

   

In this subsection “Welsh zone” has the same meaning as in the

Government of Wales Act 2006.”

(4)   

In section 134 (grants and loans by the Council) after subsection (4) insert—

“(5)   

The functions conferred by this section are exercisable in relation to

Wales and the Welsh zone.

25

   

In this subsection “Welsh zone” has the same meaning as in the

Government of Wales Act 2006.”

Works detrimental to navigation

308     

Works detrimental to navigation

(1)   

In the Energy Act 2008 (c. 32), after Part 4 (decommissioning of energy

30

installations) insert—

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

206

 

   

Part 4A

Works detrimental to navigation

Consent required for carrying out of certain operations

79A     

Restriction of works detrimental to navigation

(1)   

A person must not, without the written consent of the Secretary of

5

State, carry out in the regulated zone (see section 79Q) any operation to

which this subsection applies (see subsections (2) and (3)).

(2)   

Subsection (1) does not apply to an operation if a marine licence under

Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out

the operation.

10

(3)   

Subject to that, subsection (1) applies to an operation if—

(a)   

it causes, or is likely to result in, obstruction or danger to

navigation (whether while the operation is being carried out or

subsequently),

(b)   

it is of a description falling within subsection (4), and

15

(c)   

it may be carried out only with a permission falling within

subsection (5).

(4)   

The descriptions of operations are—

(a)   

the construction, alteration, improvement, dismantlement or

abandonment of any works;

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(b)   

the deposit of any object or materials;

(c)   

the removal of any object or materials.

(5)   

The permissions are—

(a)   

a licence under section 3 of the Petroleum Act 1998 or section 2

of the Petroleum (Production) Act 1934,

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(b)   

a licence under section 4 or 18 of this Act (gas storage and gas

unloading, and carbon capture and storage licences),

(c)   

a works authorisation under Part 3 of the Petroleum Act 1998

(construction etc of submarine pipelines),

   

and see also subsection (6).

30

(6)   

For the purposes of this Part, the operations which may be carried out

only with a permission falling within subsection (5) include operations

which, by virtue of a permission falling within paragraph (a) or (b) of

that subsection, may be carried out only with the consent of the

Secretary of State or another person.

35

(7)   

In the case of an authorised exploration or exploitation operation (see

subsection (8))—

(a)   

the reference in subsection (3) to an operation being likely to

result in obstruction or danger to navigation,

includes

40

(b)   

a reference to the operation being likely to result in obstruction

or danger to navigation by reason of any use intended to be

made of the works in question when constructed, altered or

improved.

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

207

 

(8)   

In this Part “authorised exploration or exploitation operation” means

any operation—

(a)   

which is of a description falling within subsection (4)(a), and

(b)   

which may be carried out only with a permission falling within

subsection (5).

5

79B     

Applications for consent under section 79A

(1)   

The Secretary of State may, as a condition of considering an application

for consent under section 79A, require to be furnished with such plans

and particulars of the proposed operation as the Secretary of State may

consider necessary.

10

(2)   

On receipt of any such application, the Secretary of State may cause to

be published notice of—

(a)   

the application, and

(b)   

the time within which, and the manner in which, objections to

the application may be made.

15

(3)   

Any such notice is to be published in such a manner as to be likely to

come to the attention of those likely to be interested in, or affected by,

the application.

(4)   

The Secretary of State may cause an inquiry to be held in connection

with the determination of an application for consent.

20

79C     

Determination of applications for consent under section 79A

(1)   

If the Secretary of State is of the opinion that any operation in respect of

which an application is made for consent under section 79A will cause,

or is likely to result in, obstruction or danger to navigation, subsection

(2) applies.

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(2)   

In any such case, the Secretary of State must either—

(a)   

refuse to give consent, or

(b)   

give consent subject to such conditions as the Secretary of State

considers appropriate.

(3)   

In exercising functions under subsection (2), the Secretary of State must

30

have regard to the nature and extent of the obstruction or danger which

it appears to the Secretary of State would otherwise be caused or be

likely to result.

(4)   

In the case of an authorised exploration or exploitation operation—

(a)   

any reference in subsection (1) or (3) to an operation being likely

35

to result in obstruction or danger to navigation,

includes

(b)   

a reference to the operation being likely to result in obstruction

or danger to navigation by reason of any use intended to be

made of the works in question when constructed, altered or

40

improved.

(5)   

A consent of the Secretary of State under section 79A may be given so

as to continue in force, unless renewed, only if the operation for which

the consent is given is begun or completed within such period as may

be specified in the consent.

45

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

208

 

(6)   

Subsection (5) applies in relation to the renewal of a consent as it

applies in relation to the giving of consent.

79D     

Authorised exploration or exploitation operations: consent conditions

(1)   

This section applies where the Secretary of State has given consent for

an authorised exploration or exploitation operation, but subject to a

5

condition (a “consent condition”).

(2)   

A consent condition shall either—

(a)   

remain in force for a specified period, or

(b)   

remain in force without limit of time,

   

but this is subject to subsection (5).

10

(3)   

A consent condition, in addition to binding the person to whom the

consent is given, also binds, so far as is appropriate, any other person

who for the time being owns, occupies, or enjoys any use of, the works

in question.

(4)   

Where—

15

(a)   

a consent condition relates to the taking of navigational

precautions, and

(b)   

the Secretary of State considers it appropriate to vary the

condition in the interests of the safety of navigation (whether or

not the operation has been completed),

20

   

the Secretary of State may vary the condition for the purpose of

enhancing the effectiveness of the aids to navigation which are to be

provided or the other measures which are to be taken.

(5)   

The Secretary of State may revoke any consent condition.

(6)   

In this section “taking of navigational precautions” means any of the

25

following—

(a)   

the provision of any lights, signals or other aids to navigation;

(b)   

the stationing of guard ships in the vicinity of the works in

question;

(c)   

the taking of any other measures for the purpose of, or in

30

connection with, controlling the movements of ships in the

vicinity of those works.

Directions by the Secretary of State

79E     

Secretary of State’s power of direction

(1)   

This section applies if—

35

(a)   

the person to whom a consent under section 79A is given fails

to comply with any provision of the consent, or

(b)   

a person who, by virtue of section 79D(3), is bound by a consent

condition fails to comply with the condition.

(2)   

The Secretary of State may direct that person (the “defaulter”) to take

40

steps which the Secretary of State considers necessary or appropriate to

comply with the provision or condition within a period specified in the

direction.

(3)   

The Secretary of State must consult the defaulter before giving a

direction under subsection (2).

45

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

209

 

(4)   

If the defaulter fails to comply with a direction under subsection (2), the

Secretary of State may—

(a)   

comply with the direction on behalf of the defaulter, or

(b)   

make arrangements for another person to do so.

(5)   

A person taking action by virtue of subsection (4) may—

5

(a)   

do anything which the defaulter could have done, and

(b)   

recover from the defaulter any reasonable costs incurred in

taking the action.

(6)   

A person (“P”) liable to pay any sum by virtue of subsection (5)(b) must

also pay interest on that sum for the period beginning with the day on

10

which the person taking action by virtue of subsection (4) notified P of

the sum payable and ending with the date of payment.

(7)   

The rate of interest payable in accordance with subsection (6) is a rate

determined by the Secretary of State as comparable with commercial

rates.

15

(8)   

The defaulter must provide a person taking action by virtue of

subsection (4) with such assistance as the Secretary of State may direct.

(9)   

The power to give a direction under this section is without prejudice to

any provision made—

(a)   

in the consent, with regard to the enforcement of any of its

20

provisions, or

(b)   

in the condition, with regard to the enforcement of the

condition.

Emergency safety requirements

79F     

Damage to, or changes in, the works: emergency safety notices

25

(1)   

This section applies in any case where—

(a)   

the Secretary of State has given consent (“the relevant consent”)

for an authorised exploration or exploitation operation, and

(b)   

at any time after the giving of that consent, the condition in

subsection (2) is met.

30

(2)   

The condition is that it appears to the Secretary of State that any danger

to navigation has arisen by reason of—

(a)   

any substantial damage to any works to which the relevant

consent relates, or

(b)   

any other substantial and unforeseen change in the state or

35

position of any such works.

(3)   

If it appears to the Secretary of State necessary to do so in the interests

of the safety of navigation, the Secretary of State may serve a notice (an

“emergency safety notice”) on the consent holder.

(4)   

By serving an emergency safety notice on the consent holder, the

40

Secretary of State imposes on the consent holder such requirements as

are prescribed in the notice with respect to any of the matters specified

in subsection (5).

(5)   

Those matters are—

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

210

 

(a)   

the provision on, or in the vicinity of, the works in question of

any lights, signals or other aids to navigation, and

(b)   

the stationing of guard ships in the vicinity of those works.

(6)   

An emergency safety notice may be served by the Secretary of State

whether or not—

5

(a)   

the operation in question has been completed, or

(b)   

any condition was imposed by the Secretary of State, on giving

the relevant consent, with respect to any of the matters referred

to in subsection (5).

79G     

Emergency safety notices: supplementary provisions

10

(1)   

If the consent holder fails to comply with an emergency safety notice

within the time allowed, the Secretary of State may—

(a)   

comply with the notice on behalf of the consent holder, or

(b)   

make arrangements for another person to do so.

(2)   

For the purposes of subsection (1) “the time allowed” is the period of 24

15

hours beginning with the time when the emergency safety notice is

served on the consent holder or as soon after the end of that period as

is reasonably practicable.

(3)   

A person taking action by virtue of subsection (1) may—

(a)   

do anything which the consent holder could have done, and

20

(b)   

recover any reasonable costs incurred in taking the action from

such one or more persons falling within subsection (4) as the

Secretary of State considers appropriate.

(4)   

The persons are—

(a)   

the consent holder;

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(b)   

any other person or persons bound by a consent condition by

virtue of section 79D(3).

(5)   

A person (“P”) liable to pay any sum by virtue of subsection (3)(b) must

also pay interest on that sum for the period beginning with the day on

which the person taking action by virtue of subsection (1) notified P of

30

the sum payable and ending with the date of payment.

(6)   

The rate of interest payable in accordance with subsection (5) is a rate

determined by the Secretary of State as comparable with commercial

rates.

(7)   

Once an emergency safety notice has been complied with (whether by

35

the consent holder or otherwise)—

(a)   

the requirements of the notice are, subject to subsection (8), to

be treated for the purposes of this Part as conditions subject to

which the consent was given, but

(b)   

section 79D(2) and (5) are not to apply in the case of those

40

requirements.

(8)   

If it appears to the Secretary of State (whether on the application of any

person or otherwise) that the circumstances giving rise to the urgent

necessity for the imposition of the requirements no longer exist, the

Secretary of State must revoke the requirements by notice served on the

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consent holder.

 
 

 
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