|
| |
| |
Interpretation of 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 |
| 5 |
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 |
| |
| |
“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 |
| |
| |
| |
| |
| 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 |
| |
(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 |
| |
(b) | under section 126(2) of the Scotland Act 1998 for the purposes |
| |
of determining which waters are treated as being adjacent to |
| |
| |
| |
| |
|
| |
| |
| 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 |
| |
| |
| In this Part “Wales” has the same meaning as in the Government of |
| |
| |
(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 |
| |
| |
(a) | the functions conferred by paragraphs (c) to (e) of subsection |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
| |
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 |
| |
| 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 |
| |
| |
(b) | it is of a description falling within subsection (4), and |
| 15 |
(c) | it may be carried out only with a permission falling within |
| |
| |
(4) | The descriptions of operations are— |
| |
(a) | the construction, alteration, improvement, dismantlement or |
| |
abandonment of any works; |
| 20 |
(b) | the deposit of any object or materials; |
| |
(c) | the removal of any object or materials. |
| |
| |
(a) | a licence under section 3 of the Petroleum Act 1998 or section 2 |
| |
of the Petroleum (Production) Act 1934, |
| 25 |
(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 |
| |
| |
(a) | the reference in subsection (3) to an operation being likely to |
| |
result in obstruction or danger to navigation,
|
| |
| 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 |
| |
| |
| |
| |
|
| |
| |
(8) | In this Part “authorised exploration or exploitation operation” means |
| |
| |
(a) | which is of a description falling within subsection (4)(a), and |
| |
(b) | which may be carried out only with a permission falling within |
| |
| 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 |
| |
| 10 |
(2) | On receipt of any such application, the Secretary of State may cause to |
| |
| |
| |
(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, |
| |
| |
(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 |
| |
| 25 |
(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 |
| |
| |
(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 |
| |
| |
(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,
|
| |
| |
(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 |
| |
(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 |
| |
| |
|
| |
| |
(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 |
| |
| |
| 15 |
(a) | a consent condition relates to the taking of navigational |
| |
| |
(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 |
| |
(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 |
| |
| |
(c) | the taking of any other measures for the purpose of, or in |
| 30 |
connection with, controlling the movements of ships in the |
| |
| |
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 |
| |
| |
(3) | The Secretary of State must consult the defaulter before giving a |
| |
direction under subsection (2). |
| 45 |
| |
| |
|
| |
| |
(4) | If the defaulter fails to comply with a direction under subsection (2), the |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(a) | in the consent, with regard to the enforcement of any of its |
| 20 |
| |
(b) | in the condition, with regard to the enforcement of the |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
| |
| |
| |
|
| |
| |
(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 |
| |
| 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 |
| |
| |
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. |
| |
| |
| 25 |
(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 |
| |
| |
(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 |
| |
(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 |
| 45 |
| |
| |
| |
|
