|
| |
|
(a) | must state the enforcement authority’s grounds for believing that |
| |
subsections (3) and (4) are satisfied; |
| |
(b) | must state the date and time from which the prohibition is to take effect |
| |
(which may be a time on the date of the notice but must allow a period |
| |
for compliance which is reasonable in all the circumstances of the case); |
| 5 |
(c) | may require the person to take such steps as the authority considers |
| |
appropriate to ensure that the cessation of the activity takes place |
| |
| |
(7) | Except in a case falling within subsection (9), a stop notice— |
| |
(a) | ceases to have effect at the end of the period of 7 days (or such shorter |
| 10 |
period as may be specified in the notice) beginning with the date on |
| |
which the prohibition takes effect, but |
| |
(b) | may be renewed for a period specified in a further notice. |
| |
(8) | A stop notice may be renewed more than once under subsection (7)(b), but not |
| |
so that it has effect for an aggregate period exceeding 35 days. |
| 15 |
(9) | If a stop notice relating to a licensable marine activity is issued to a person who |
| |
does not hold a marine licence authorising that activity, the stop notice may |
| |
remain in force until such time (if any) as such a licence is granted to that |
| |
| |
103 | Further provision as to stop notices |
| 20 |
(1) | Any stop notice issued by an enforcement authority— |
| |
(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. |
| 25 |
(2) | An enforcement authority may by a further notice— |
| |
(a) | revoke a stop notice; |
| |
(b) | vary a stop notice so as to substitute a later date for the date specified |
| |
in accordance with section 102(6)(b). |
| |
(3) | A person who fails to comply with a stop notice commits an offence. |
| 30 |
(4) | A person guilty of an offence under subsection (3) 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. |
| |
104 | Emergency safety notices |
| 35 |
(1) | This section applies if it appears to an enforcement authority that serious |
| |
interference with legitimate uses of the sea is occurring, or is likely to occur, in |
| |
| |
(a) | any works for the carrying out of which a marine licence is or was |
| |
| 40 |
(b) | any substantial and unforeseen change in the state or position of any |
| |
| |
(2) | The enforcement authority may issue a notice (an “emergency safety notice”) |
| |
to any person who is in control of the works to which the notice relates. |
| |
|
| |
|
| |
|
(3) | By issuing an emergency safety notice to a person, the enforcement authority |
| |
imposes on that person such requirements as are prescribed in the notice with |
| |
respect to any of the matters specified in subsection (4). |
| |
| |
(a) | the provision of lights, signals or other aids to navigation; |
| 5 |
(b) | the stationing of guard ships. |
| |
(5) | An emergency safety notice (in addition to specifying the requirements which |
| |
| |
(a) | must state the enforcement authority’s grounds for believing that |
| |
serious interference with legitimate uses of the sea is occurring or is |
| 10 |
| |
(b) | must state the date and time from which the requirements are to take |
| |
effect (which may be a time on the date of the notice but must allow a |
| |
period for compliance which is reasonable in all the circumstances of |
| |
| 15 |
(c) | may require the person to take such steps as the authority considers |
| |
appropriate to ensure that compliance with the requirements takes |
| |
| |
105 | Further provision as to emergency safety notices |
| |
(1) | An emergency safety notice issued by an enforcement authority must be |
| 20 |
served on each of the following— |
| |
(a) | if a marine licence has been granted authorising the carrying out of the |
| |
| |
(b) | if there is in effect a stop notice which relates to the works, any person |
| |
on whom the stop notice was served. |
| 25 |
(2) | An enforcement authority may by a further notice— |
| |
(a) | revoke an emergency safety notice; |
| |
(b) | vary an emergency safety notice so as to substitute a later date for the |
| |
date specified in accordance with section 104(5)(b). |
| |
(3) | A person who fails to comply with an emergency safety notice commits an |
| 30 |
| |
(4) | A person guilty of an offence under subsection (3) 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. |
| 35 |
| |
106 | Power to take remedial action |
| |
(1) | This section applies if it appears to the appropriate licensing authority for an |
| |
area that a licensable marine activity has been carried on in its area otherwise |
| |
than under a licence and in accordance with its conditions. |
| 40 |
(2) | The authority may carry out any works that appear to it to be necessary or |
| |
expedient for any one or more of the following purposes— |
| |
(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, |
| |
any harm or interference falling within subsection (3); |
| |
(e) | restoring (whether in whole or in part) the condition of any place |
| 5 |
affected by any such 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. |
| |
(3) | The harm or interference mentioned in subsection (2)(d) and (e) is any of the |
| |
following which has been, is being, or is likely to be, caused by the carrying on |
| 10 |
of the licensable marine activity— |
| |
(a) | harm to the environment; |
| |
(b) | harm to human health; |
| |
(c) | interference with legitimate uses of the sea. |
| |
107 | Power to test, and charge for testing, certain substances |
| 15 |
(1) | A licensing authority may, at the request of any person, conduct tests for the |
| |
purpose of ascertaining the probable effect on the marine environment of using |
| |
any of the following substances— |
| |
(a) | any marine chemical treatment substance; |
| |
(b) | any marine oil treatment substance; |
| 20 |
(c) | any marine surface fouling cleaner. |
| |
| |
“marine chemical treatment substance” means any substance used or |
| |
intended to be used for treating chemicals— |
| |
(a) | on the surface of the sea or of the sea bed; |
| 25 |
(b) | in the case of a wash-off substance, on any surface of a marine |
| |
| |
“marine oil treatment substance” means any substance used or intended |
| |
to be used for treating oil on the surface of the sea; |
| |
“marine surface fouling cleaner” means any substance used or intended |
| 30 |
to be used for removing surface fouling matter— |
| |
(a) | from the surface of the sea or of the sea bed; |
| |
(b) | in the case of a wash-off substance, from any surface of a marine |
| |
structure or vessel at times when the structure or vessel is in the |
| |
| 35 |
“surface fouling matter” means any fouling, and includes, in particular,— |
| |
| |
(b) | any surface oil or chemical residue; |
| |
“surface oil or chemical residue” means any residual matter on a surface |
| |
after the removal, or substantial removal, of any oil or chemical |
| 40 |
(whether by natural processes, or by treatment, or in any other way); |
| |
“wash-off substance”, in relation to a marine structure or vessel, means |
| |
any substance which, if used on a surface of the marine structure or |
| |
vessel, will or might (whether in whole or to a significant extent)— |
| |
(a) | be removed from that surface, and |
| 45 |
(b) | be deposited in the sea, |
| |
whether by natural processes, or by treatment, or in any other way. |
| |
|
| |
|
| |
|
(3) | A licensing authority may recover any expenses reasonably incurred in |
| |
conducting any tests under subsection (1) from any person at whose request |
| |
those tests were conducted. |
| |
Appeals against notices under this Part |
| |
108 | Appeals against notices |
| 5 |
(1) | The appropriate licensing authority must by regulations make provision for |
| |
any person to whom a notice is issued under section 72, 90, 91, 102 or 104 to |
| |
appeal against that notice. |
| |
(2) | The regulations required by subsection (1) must come into force on the day on |
| |
which this Part comes into force. |
| 10 |
(3) | Regulations under this section may include— |
| |
(a) | provision as to the procedure to be followed with respect to an appeal; |
| |
(b) | provision suspending the notice pending determination of the appeal; |
| |
(c) | provision as to the powers of any person to whom the appeal is made; |
| |
(d) | provision as to how any sum payable in pursuance of a decision of that |
| 15 |
person is to be recoverable. |
| |
Offences: supplementary provision |
| |
109 | General defence of due diligence |
| |
(1) | In any proceedings for an offence under this Part, it is a defence for the person |
| |
charged (“the defendant”) to prove that the defendant took all reasonable |
| 20 |
precautions and exercised all due diligence to avoid the commission of the |
| |
| |
(2) | The defence provided by subsection (1) is to be taken to be established if the |
| |
| |
(a) | acted under an employer’s instructions, |
| 25 |
(b) | did not know and had no reason to suppose that the acts done |
| |
constituted a contravention of the provision in question, and |
| |
(c) | took all such steps as reasonably could be taken to ensure that no |
| |
offence would be committed. |
| |
(3) | The defence provided by subsection (1) is to be taken to be established if the |
| 30 |
| |
(a) | acted in reliance on information supplied by another person, |
| |
(b) | did not know and had no reason to suppose that the information was |
| |
| |
(c) | took all such steps as reasonably could be taken to ensure that no |
| 35 |
offence would be committed. |
| |
(4) | Subsections (2) and (3) do not affect the generality of subsection (1). |
| |
(5) | If in any case the defence provided by subsection (1) involves the allegation |
| |
that the commission of the offence was due to— |
| |
(a) | an act or default of another person (other than the giving of instructions |
| 40 |
to the defendant by an employer), or |
| |
(b) | reliance on information supplied by another person, |
| |
|
| |
|
| |
|
| the defendant is not, without leave of the court, entitled to rely on that defence |
| |
unless the requirement in subsection (6) is satisfied. |
| |
(6) | The requirement is that— |
| |
(a) | at least seven clear days before the hearing, and |
| |
(b) | if the defendant has previously appeared before a court in connection |
| 5 |
with the alleged offence, within one month of the first such appearance, |
| |
| the defendant has served on the prosecutor a notice giving such information |
| |
identifying or assisting in the identification of that other person as was then in |
| |
the defendant’s possession. |
| |
110 | Offences: jurisdiction |
| 10 |
Proceedings for an offence under this Part may be taken, and the offence may |
| |
for all incidental purposes be treated as having been committed, in any part of |
| |
| |
| |
111 | Application to the Crown |
| 15 |
(1) | The provisions of this Part bind the Crown. |
| |
| This is subject to the following provisions of this section. |
| |
(2) | No contravention by the Crown of any provision of this Part is to make the |
| |
Crown criminally liable; but the High Court or, in Scotland, the Court of |
| |
Session may, on the application of the appropriate licensing authority or any |
| 20 |
other authority charged with enforcing that provision, declare unlawful any |
| |
act or omission of the Crown which constitutes such a contravention. |
| |
(3) | Despite subsection (2), the provisions of this Part apply to persons in the public |
| |
service of the Crown as they apply to other persons. |
| |
(4) | The Secretary of State may certify that it appears to the Secretary of State that, |
| 25 |
| |
(a) | any Crown land specified in the certificate, and |
| |
(b) | any powers of entry so specified which are exercisable in relation to |
| |
| |
| it is necessary or expedient that, in the interests of national security, the powers |
| 30 |
should not be exercisable in relation to the land. |
| |
(5) | If the Secretary of State issues a certificate under subsection (4), the powers |
| |
specified in the certificate are not exercisable in relation to the land so specified. |
| |
(6) | For the purposes of subsection (4) “Crown land” means land held or used by |
| |
or on behalf of the Crown. |
| 35 |
(7) | Nothing in this section is to be taken as in any way affecting Her Majesty in her |
| |
private capacity or in right of Her Duchy of Lancaster, or the Duke of Cornwall. |
| |
Consequential and transitional provision |
| |
112 | Amendments and transitional provision |
| |
(1) | Schedule 8 (which makes minor and consequential amendments) has effect. |
| 40 |
|
| |
|
| |
|
(2) | Schedule 9 (which makes transitional provision) has effect. |
| |
| |
113 | The appropriate licensing authority |
| |
(1) | This section has effect for determining who is the appropriate licensing |
| |
authority for any area (and any licensable marine activity carried on in that |
| 5 |
| |
(2) | In relation to the Scottish offshore region, the appropriate licensing authority |
| |
| |
(a) | the Secretary of State, as respects anything done in the course of |
| |
carrying on an activity falling within subsection (3); |
| 10 |
(b) | except as provided by paragraph (a), the Scottish Ministers. |
| |
| |
(a) | any activity relating to a matter which is a reserved matter by virtue of |
| |
Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46) |
| |
(but see also section 77 above (this Part not to apply to certain oil and |
| 15 |
| |
(b) | any activity relating to a matter which is a reserved matter by virtue of |
| |
paragraph 9 in Part 1 of that Schedule (defence); |
| |
(c) | any activity falling within the subject matter of Part 6 of the Merchant |
| |
Shipping Act 1995 (c. 21) (pollution etc). |
| 20 |
(4) | In relation to Wales and the Welsh inshore region, the appropriate licensing |
| |
| |
(a) | the Secretary of State, as respects anything done in the course of |
| |
carrying on an activity falling within subsection (5); |
| |
(b) | except as provided by paragraph (a), the Welsh Ministers. |
| 25 |
| |
(a) | any activity concerning or arising from the exploration for, or |
| |
production of, petroleum (but see also section 77 (this Part not to apply |
| |
to certain oil and gas etc activities)); |
| |
(b) | any defence activity other than an excepted activity. |
| 30 |
| Subsection (9) supplements this subsection. |
| |
(6) | In relation to Northern Ireland and the Northern Ireland inshore region, the |
| |
appropriate licensing authority is— |
| |
(a) | the Secretary of State, as respects anything done in the course of |
| |
carrying on an activity falling within subsection (7); |
| 35 |
(b) | except as provided by paragraph (a), the Department of the |
| |
Environment in Northern Ireland. |
| |
(7) | The activities are any activities which relate to a matter which is an excepted |
| |
matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 |
| |
(c. 47) (defence of the realm etc). |
| 40 |
(8) | In relation to any area not mentioned in subsection (2), (4) or (6), the |
| |
appropriate licensing authority is the Secretary of State. |
| |
| |
“defence activity” means any activity relating to— |
| |
|
| |
|
| |
|
(a) | the defence of the realm; |
| |
(b) | the naval, military or air forces of the Crown, including reserve |
| |
| |
| |
(d) | international headquarters and defence organisations; |
| 5 |
(e) | trading with the enemy and enemy property; |
| |
“excepted activity” means the exercise of civil defence functions by any |
| |
person otherwise than as a member of— |
| |
(a) | any force or organisation referred to in paragraph (b) to (d) of |
| |
the definition of “defence activity”, or |
| 10 |
(b) | any other force or organisation established or maintained for |
| |
the purposes of, or for purposes connected with, the defence of |
| |
| |
“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 |
| |
(c. 17) (see section 28(1) of that Act). |
| 15 |
114 | Meaning of “enforcement authority” |
| |
(1) | This section has effect for determining who is an enforcement authority for any |
| |
| |
(2) | For the purposes of sections 90 to 97 and 102 to 105 (and any other provisions |
| |
of this Part so far as relating to those sections) the appropriate licensing |
| 20 |
authority for any area is an enforcement authority for that area. |
| |
(3) | For the purposes of sections 90, 92 (so far as relating to section 90) and 102 to |
| |
105 (and any other provisions of this Part (except sections 91 and 93 to 97) so |
| |
far as relating to those sections) each of the following persons is also an |
| |
| 25 |
(a) | in relation to the relevant enforcement area (within the meaning of |
| |
section 230), any marine enforcement officer (as defined in section 229); |
| |
(b) | in relation to the relevant enforcement area (within the meaning of |
| |
section 234), any person appointed under section 234; |
| |
(c) | in relation to the relevant enforcement area (within the meaning of |
| 30 |
section 235), any person appointed under section 235; |
| |
(d) | in relation to the Scottish offshore region, any person appointed under |
| |
| |
(4) | A person is an enforcement authority by virtue of subsection (3) (so far as |
| |
relating to the sections specified in that subsection) only to the extent that the |
| 35 |
person may exercise powers for the purposes of enforcing this Part. |
| |
115 | Interpretation of this Part |
| |
| |
“appropriate enforcement authority”, in the case of any area and any |
| |
provision of this Part, means any authority which is an enforcement |
| 40 |
authority for that area for the purposes of that provision; |
| |
“the appropriate licensing authority” has the meaning given by section |
| |
| |
“British aircraft” means an aircraft registered in the United Kingdom; |
| |
|
| |
|