|
| |
|
80 | Electronic communications apparatus |
| |
(1) | A licensing authority must not grant a marine licence to carry on any activity |
| |
which amounts to or involves the exercise of a right conferred by paragraph 11 |
| |
of the Electronic Communications Code unless it is satisfied that adequate |
| |
compensation arrangements have been made. |
| 5 |
(2) | For the purposes of subsection (1) “adequate compensation arrangements” are |
| |
adequate arrangements for compensating any persons— |
| |
(a) | who appear to that authority to be owners of interests in the tidal water |
| |
or lands on, under or over which the right is to be exercised, |
| |
(b) | for any loss or damage sustained by those persons in consequence of |
| 10 |
the activity being carried on. |
| |
(3) | In paragraph 11 of the Electronic Communications Code omit— |
| |
(a) | sub-paragraphs (3) to (10); |
| |
(b) | in sub-paragraph (11), the definition of “remedial works”. |
| |
(4) | In this section “the Electronic Communications Code” means the code set out |
| 15 |
in Schedule 2 to the Telecommunications Act 1984 (c. 12). |
| |
81 | Submarine cables on the continental shelf |
| |
(1) | Nothing in this Part applies to anything done in the course of laying or |
| |
maintaining an offshore stretch of exempt submarine cable. |
| |
(2) | Where subsection (1) has effect in relation to part (but not the whole) of an |
| 20 |
| |
(a) | the appropriate licensing authority must grant any application made to |
| |
it for a marine licence for the carrying on of a licensable marine activity |
| |
in the course of laying any inshore stretch of the cable, and |
| |
(b) | nothing in this Part applies to anything done in the course of |
| 25 |
maintaining any inshore stretch of the cable. |
| |
(3) | A licensing authority has the same powers to attach conditions to a marine |
| |
licence required to be granted by virtue of subsection (2) as it has in relation to |
| |
a marine licence not required to be so granted. |
| |
(4) | In the application of this section in relation to any cable— |
| 30 |
“inshore stretch” means any of the cable which is laid, or proposed to be |
| |
laid, within the seaward limits of the territorial sea; |
| |
“offshore stretch” means any of the cable which is laid, or proposed to be |
| |
laid, beyond the seaward limits of the territorial sea. |
| |
(5) | For the purposes of this section a submarine cable is “exempt” unless it is a |
| 35 |
cable constructed or used in connection with any of the following— |
| |
(a) | the exploration of the UK sector of the continental shelf; |
| |
(b) | the exploitation of the natural resources of that sector; |
| |
(c) | the operations of artificial islands, installations and structures under |
| |
the jurisdiction of the United Kingdom; |
| 40 |
(d) | the prevention, reduction or control of pollution from pipelines. |
| |
| |
“natural resources” means— |
| |
|
| |
|
| |
|
(a) | the mineral and other non-living resources of the sea bed and |
| |
| |
| |
(b) | living organisms belonging to sedentary species; |
| |
“living organisms belonging to sedentary species” means organisms |
| 5 |
which, at the harvestable stage, are either— |
| |
(a) | immobile on or under the sea bed, or |
| |
(b) | unable to move except in constant physical contact with the sea |
| |
| |
82 | Structures in, over or under a main river |
| 10 |
(1) | Section 109 of the Water Resources Act 1991 (c. 57) (structures in, over or under |
| |
a main river) is amended as follows. |
| |
(2) | After subsection (6) insert— |
| |
“(7) | Subsections (1) to (3) above shall not apply to any work if— |
| |
(a) | carrying out the work is a licensable marine activity, |
| 15 |
(b) | the Agency considers that, in view of the terms and conditions |
| |
that will be included in the marine licence, the provisions of |
| |
those subsections may be dispensed with, and |
| |
(c) | the Agency issues a notice to that effect to the applicant for the |
| |
| 20 |
(8) | In subsection (7) above “licensable marine activity” and “marine |
| |
licence” have the same meaning as in Part 4 of the Marine and Coastal |
| |
| |
83 | Requirements for Admiralty consent under local legislation |
| |
(1) | If, in the case of any particular work,— |
| 25 |
(a) | a marine licence is needed for the carrying out of the work, |
| |
(b) | Admiralty consent for the carrying out of the work would also be |
| |
required (apart from this subsection) by virtue of any local legislation, |
| |
| |
(c) | the Secretary of State considers that, in view of the need for a marine |
| 30 |
licence, the requirement for Admiralty consent for the carrying out of |
| |
the work may be dispensed with, and issues a notice to that effect, |
| |
| the requirement for Admiralty consent does not apply in relation to that work. |
| |
| |
“Admiralty consent” means the consent of the Admiralty, whether alone |
| 35 |
or jointly with any other government department; |
| |
“local legislation” means— |
| |
| |
(b) | any such Act and any notice given and published by the |
| |
Admiralty under section 9 of the Harbours Transfer Act 1862 |
| 40 |
| |
|
| |
|
| |
|
84 | Byelaws for flood defence and drainage purposes |
| |
(1) | Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw making powers of |
| |
the Environment Agency) is amended as follows. |
| |
(2) | In paragraph 5 (byelaws for flood defence and drainage purposes) after sub- |
| |
| 5 |
“(3A) | If, in any particular case,— |
| |
(a) | a marine licence is needed for the carrying on of any activity, |
| |
(b) | before that activity may be carried on, the consent of the |
| |
Agency would also be required (apart from this sub- |
| |
paragraph) by virtue of any byelaw under this paragraph, |
| 10 |
| |
(c) | the Agency considers that, in view of the terms and |
| |
conditions that will be included in the marine licence, the |
| |
requirement for the consent of the Agency may be dispensed |
| |
with, and issues a notice to that effect, |
| 15 |
| the requirement for the consent of the Agency does not apply in |
| |
relation to the carrying on of that activity. |
| |
(3B) | In sub-paragraph (3A) “marine licence” has the same meaning as in |
| |
Part 4 of the Marine and Coastal Access Act 2009.”. |
| |
| 20 |
| |
| |
85 | Breach of requirement for, or conditions of, a licence |
| |
| |
(a) | contravenes section 65(1), or |
| 25 |
(b) | fails to comply with any condition of a marine licence, |
| |
| |
(2) | A person who is bound by a condition of a licence by virtue of section 71(5) is |
| |
not to be taken as having failed to comply with the condition unless the |
| |
requirements of subsection (3) are satisfied. |
| 30 |
(3) | The requirements are that— |
| |
(a) | the appropriate licensing authority has served the person with a notice |
| |
under this subsection which specifies the condition together with a |
| |
period (which must be a reasonable period, in all the circumstances of |
| |
the case) within which the person must comply with the condition, and |
| 35 |
(b) | the person has failed to comply with the condition within that period. |
| |
(4) | A person guilty of an offence under subsection (1) is liable— |
| |
(a) | on summary conviction, to a fine not exceeding £50,000; |
| |
(b) | on conviction on indictment, to a fine or to imprisonment for a term not |
| |
exceeding two years or to both. |
| 40 |
|
| |
|
| |
|
86 | Action taken in an emergency |
| |
(1) | It is a defence for a person charged with an offence under section 85(1) in |
| |
relation to any activity to prove that— |
| |
(a) | the activity was carried out for the purpose of securing the safety of a |
| |
vessel, aircraft or marine structure, or for the purpose of saving life, and |
| 5 |
(b) | the person took steps within a reasonable time to inform the |
| |
appropriate licensing authority of the matters set out in subsection (2). |
| |
| |
(a) | the fact that the activity was carried out, |
| |
(b) | the locality and circumstances in which it was carried out, and |
| 10 |
(c) | any substances or objects concerned. |
| |
(3) | A person does not have the defence provided by subsection (1) if the court is |
| |
satisfied that the activity was neither— |
| |
(a) | necessary for any purpose mentioned in subsection (1)(a), nor |
| |
(b) | a reasonable step to take in the circumstances. |
| 15 |
(4) | A person does not have the defence provided by subsection (1) if the court is |
| |
| |
(a) | the activity was necessary for one of those purposes, but |
| |
(b) | the necessity was due to the fault of the person or of some other person |
| |
acting under the person’s direction or control. |
| 20 |
87 | Electronic communications: emergency works |
| |
(1) | It is a defence for a person charged with an offence under section 85(1) in |
| |
relation to any activity to prove that— |
| |
(a) | for the purposes of paragraph 23 of the Electronic Communications |
| |
Code (undertaker’s works), the person is the operator or a relevant |
| 25 |
| |
(b) | the activity was carried out for the purpose of executing emergency |
| |
works, within the meaning of that Code. |
| |
(2) | In this section “the Electronic Communications Code” means the code set out |
| |
in Schedule 2 to the Telecommunications Act 1984 (c. 12). |
| 30 |
88 | Activity licensed by another State |
| |
(1) | It is a defence for a person charged with an offence under section 85(1) in |
| |
relation to any activity to which subsection (2) applies to prove that subsections |
| |
(3) and (4) are satisfied in respect of that activity. |
| |
(2) | This subsection applies to any activity which— |
| 35 |
(a) | falls within item 2, 5 or 12 in section 66(1), and |
| |
(b) | is carried on outside the UK marine licensing area. |
| |
(3) | This subsection is satisfied if— |
| |
(a) | in the case of an activity falling within item 2 in subsection (1) of section |
| |
66, the vessel, aircraft, marine structure or floating container (as the |
| 40 |
case may be) was loaded in a Convention State or the national or |
| |
territorial waters of a Convention State with the substances or objects |
| |
| |
|
| |
|
| |
|
(b) | in the case of an activity falling within item 5 in that subsection, the |
| |
vessel scuttled was towed or propelled from a Convention State or the |
| |
national or territorial waters of a Convention State to the place where |
| |
the scuttling was carried out; |
| |
(c) | in the case of an activity falling within item 12 in that subsection, the |
| 5 |
vessel or marine structure on which the incineration took place was |
| |
loaded in a Convention State or the national or territorial waters of a |
| |
Convention State with the substances or objects incinerated. |
| |
(4) | This subsection is satisfied if the activity was carried on— |
| |
(a) | in pursuance of a licence issued by the responsible authority in the |
| 10 |
Convention State concerned, and |
| |
(b) | in accordance with the provisions of that licence. |
| |
(5) | For the purposes of this section— |
| |
“Convention State” means a state which is a party to the London |
| |
Convention, the London Protocol or the OSPAR Convention; |
| 15 |
“the London Convention” means the Convention on the Prevention of |
| |
Maritime Pollution by Dumping of Wastes and Other Matter |
| |
concluded at London in December 1972; |
| |
“the London Protocol” means the Protocol to the London Convention |
| |
agreed at London in November 1996; |
| 20 |
“the OSPAR Convention” means the Convention for the Protection of the |
| |
Marine Environment of the North-East Atlantic concluded at Paris in |
| |
| |
(6) | The references in subsection (5) to the London Convention, the London |
| |
Protocol and the OSPAR Convention are to them as they have effect from time |
| 25 |
| |
(7) | The Secretary of State may by order amend subsections (5) and (6) in such |
| |
manner as the Secretary of State considers appropriate for the purpose of |
| |
giving effect to any international agreement which has been ratified by the |
| |
United Kingdom and which alters the provisions of, or replaces, those |
| 30 |
Conventions or that Protocol. |
| |
| |
(1) | A person who, for any of the purposes set out in subsection (2),— |
| |
(a) | makes a statement which is false or misleading in a material particular, |
| |
knowing the statement to be false or misleading, |
| 35 |
(b) | makes a statement which is false or misleading in a material particular, |
| |
being reckless as to whether the statement is false or misleading, or |
| |
(c) | intentionally fails to disclose any material particular, |
| |
| |
| 40 |
(a) | the purpose of procuring the issue, variation or transfer of a licence, or |
| |
(b) | the purpose of complying with, or purporting to comply with, any |
| |
obligation imposed by the provisions of this Part or the provisions of a |
| |
| |
(3) | A person guilty of an offence under subsection (1) is liable— |
| 45 |
(a) | on summary conviction, to a fine not exceeding the statutory |
| |
| |
|
| |
|
| |
|
(b) | on conviction on indictment, to a fine. |
| |
| |
| |
(1) | If it appears to an enforcement authority that subsections (3) and (4) are |
| |
satisfied in relation to a person carrying on an activity in its area, it may issue |
| 5 |
a compliance notice to that person. |
| |
(2) | A compliance notice is a notice requiring a person to take such steps (falling |
| |
within subsection (5)(b)) as are specified in it. |
| |
(3) | This subsection is satisfied if a person holding a marine licence— |
| |
(a) | has carried on, or is carrying on, a licensable marine activity under that |
| 10 |
| |
(b) | in carrying on that activity has failed, or is failing, to comply with a |
| |
condition of the licence. |
| |
(4) | This subsection is satisfied if the carrying on of the activity has not caused, and |
| |
is not likely to cause, any of the following— |
| 15 |
(a) | serious harm to the environment; |
| |
(b) | serious harm to human health; |
| |
(c) | serious interference with legitimate uses of the sea. |
| |
(5) | A compliance notice must— |
| |
(a) | state the enforcement authority’s grounds for believing that |
| 20 |
subsections (3) and (4) are satisfied; |
| |
(b) | require the person to take such steps as the authority considers |
| |
appropriate to ensure that the condition in question is complied with; |
| |
(c) | state the period before the end of which those steps must be taken. |
| |
| 25 |
(1) | If it appears to an enforcement authority that each of subsections (3) to (5) is |
| |
satisfied in relation to a person carrying on an activity in its area, it may issue |
| |
a remediation notice to that person. |
| |
(2) | A remediation notice is a notice requiring a person to do either or both of the |
| |
| 30 |
(a) | to take such steps (falling within subsection (7)(b)) as are specified in it; |
| |
(b) | to pay to the enforcement authority such sums (falling within |
| |
subsection (7)(c)) as are specified in it. |
| |
(3) | This subsection is satisfied if a person has carried on, or is carrying on, a |
| |
licensable marine activity. |
| 35 |
(4) | This subsection is satisfied if the carrying on of the activity has involved, or |
| |
involves, the commission of an offence under section 85(1). |
| |
(5) | This subsection is satisfied if the carrying on of the activity has caused, or is |
| |
causing or is likely to cause, any of the following— |
| |
(a) | harm to the environment; |
| 40 |
(b) | harm to human health; |
| |
(c) | interference with legitimate uses of the sea. |
| |
|
| |
|
| |
|
(6) | Before issuing a remediation notice, the enforcement authority must consult |
| |
the person to whom it is proposed to be issued as to the steps or, as the case |
| |
may be, the sum to be specified in the notice. |
| |
(7) | A remediation notice— |
| |
(a) | must state the enforcement authority’s grounds for believing that each |
| 5 |
of subsections (3) to (5) is satisfied; |
| |
(b) | may require the person to take such remedial or compensatory steps as |
| |
the authority considers appropriate; |
| |
(c) | may require the person to pay a sum representing the reasonable |
| |
expenses of any remedial or compensatory steps taken, or to be taken, |
| 10 |
by the enforcement authority or the appropriate licensing authority |
| |
(whether or not under section 106); |
| |
(d) | must state the period before the end of which those steps must be taken |
| |
or, as the case may be, that sum must be paid. |
| |
(8) | In subsection (7)(b) and (c) “remedial or compensatory steps” means steps |
| 15 |
taken (or to be taken) for any one or more of the purposes mentioned in |
| |
subsection (9) (whether or not the steps are to be taken at or near the place |
| |
where the harm or interference mentioned in subsection (5) has been, is being, |
| |
or is likely to be, caused or the activity in respect of which the notice is issued |
| |
is or has been carried on). |
| 20 |
| |
(a) | protecting the environment; |
| |
(b) | protecting human health; |
| |
(c) | preventing interference with legitimate uses of the sea; |
| |
(d) | preventing or minimising, or remedying or mitigating the effects of, the |
| 25 |
harm or interference mentioned in subsection (5); |
| |
(e) | restoring (whether in whole or in part) the condition of any place |
| |
affected by that harm or interference to the condition, or a condition |
| |
reasonably similar to the condition, in which the place would have been |
| |
had the harm or interference not occurred; |
| 30 |
(f) | such purposes not falling within the preceding paragraphs as the |
| |
enforcement authority considers appropriate in all the circumstances of |
| |
| |
92 | Further provision as to enforcement notices |
| |
(1) | A compliance notice or remediation notice— |
| 35 |
(a) | must be served on any person carrying on, or in control of, the activity |
| |
to which the notice relates, and |
| |
(b) | if a marine licence has been granted in relation to that activity, may also |
| |
be served on the licensee. |
| |
(2) | An enforcement authority may by a further notice— |
| 40 |
(a) | revoke a compliance notice or remediation notice; |
| |
(b) | vary a compliance notice or remediation notice so as to extend the |
| |
period specified in accordance with section 90(5)(c) or, as the case may |
| |
| |
(3) | A person who fails to comply with— |
| 45 |
(a) | a compliance notice, or |
| |
(b) | a remediation notice, |
| |
|
| |
|