Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
15

authorisation by the MMO or an eligible body under this Chapter as it applies
in relation to an authorisation under section 69 of that Act by an office-holder.
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Interpretation of this Chapter
(1)
In sections 17 to 21 “agreement” means an agreement under section 14 or 15.
(2)
In this Chapter—
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“eligible body” has the meaning given by section 16;
“local authority” means a local authority as defined in section 1(a) of the
Local Government Act 2000 (c. 22);
“marine function” has the meaning given by section 14.
Chapter 4
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Miscellaneous, general and supplemental provisions
Applications for development consent
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MMO’s role in relation to applications for development consent
(1)
The Planning Act 2008 (c. 29) is amended as set out in subsections (2) to (6).
(2)
In section 42 (duty to consult about proposed applications for orders granting
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development consent)—
(a)
the existing provision is renumbered as subsection (1);
(b)
in that subsection, after paragraph (a) insert—
“(aa)
the Marine Management Organisation, in any case
where the proposed development would affect, or
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would be likely to affect, any of the areas specified in
subsection (2),”;
(c)
after subsection (1) insert—
“(2)
The areas are—
(a)
waters in or adjacent to England up to the seaward
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limits of the territorial sea;
(b)
an exclusive economic zone, except any part of an
exclusive economic zone in relation to which the
Scottish Ministers have functions;
(c)
a Renewable Energy Zone, except any part of a
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Renewable Energy Zone in relation to which the Scottish
Ministers have functions;
(d)
an area designated under section 1(7) of the Continental
Shelf Act 1964, except any part of that area which is
within a part of an exclusive economic zone or
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Renewable Energy Zone in relation to which the Scottish
Ministers have functions.”
(3)
In consequence of the amendments made by subsection (2) of this section—
(a)
the heading to section 43 becomes “Local authorities for purposes of
section 42(1)(b)”, and
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(b)
the heading to section 44 becomes “Categories for purposes of section
42(1)(d)”.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
16

(4)
In section 55 (acceptance of applications), in subsection (5), in the definition of
“local authority consultee”—
(a)
for “section 42(b)” substitute “section 42(1)(b)”;
(b)
for “section 42(c)” substitute “section 42(1)(c)”.
(5)
In section 56 (duty to notify persons of accepted applications)—
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(a)
in subsection (2), after paragraph (a) insert—
“(aa)
the Marine Management Organisation, in any case
where the development for which the application seeks
development consent would involve the carrying on of
any activity in one or more of the areas specified in
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subsection (2A),”;
(b)
after subsection (2) insert—
“(2A)
The areas are—
(a)
waters in or adjacent to England up to the seaward
limits of the territorial sea;
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(b)
an exclusive economic zone, except any part of an
exclusive economic zone in relation to which the
Scottish Ministers have functions;
(c)
a Renewable Energy Zone, except any part of a
Renewable Energy Zone in relation to which the Scottish
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Ministers have functions;
(d)
an area designated under section 1(7) of the Continental
Shelf Act 1964, except any part of that area which is
within a part of an exclusive economic zone or
Renewable Energy Zone in relation to which the Scottish
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Ministers have functions.”
(6)
In section 102 (definition of “interested party” etc)—
(a)
in subsection (1), after paragraph (b) insert—
“(ba)
the person is the Marine Management Organisation and
the development for which the application seeks
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development consent would involve the carrying on of
any activity in one or more of the areas specified in
subsection (1A),”;
(b)
after subsection (1) insert—
“(1A)
The areas are—
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(a)
waters in or adjacent to England up to the seaward
limits of the territorial sea;
(b)
an exclusive economic zone, except any part of an
exclusive economic zone in relation to which the
Scottish Ministers have functions;
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(c)
a Renewable Energy Zone, except any part of a
Renewable Energy Zone in relation to which the Scottish
Ministers have functions;
(d)
an area designated under section 1(7) of the Continental
Shelf Act 1964, except any part of that area which is
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within a part of an exclusive economic zone or
Renewable Energy Zone in relation to which the Scottish
Ministers have functions.”

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
17

(7)
The Secretary of State must give guidance to the MMO as to the kind of
representations which may be made by the MMO under—
(a)
Chapter 2 of Part 5 of the Planning Act 2008 (c. 29) (pre-application
procedure), or
(b)
Part 6 of that Act (deciding applications for orders granting
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development consent).
General powers and duties
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Research
(1)
The MMO may (whether alone or with other bodies or persons)—
(a)
undertake research into any matter relating to its functions or its
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general objective, or
(b)
commission or support (by financial means or otherwise) research into
any such matter.
(2)
The MMO is to make the results of any such research available to any person
on request.
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(3)
Subsection (2) does not require the MMO to make available—
(a)
any information that it could refuse to disclose in response to a request
under—
(i)
the Freedom of Information Act 2000 (c. 36), or
(ii)
the Environmental Information Regulations 2004 (S.I. 2004/
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3391) or any regulations replacing those Regulations;
(b)
any information whose disclosure is prohibited by any enactment.
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Advice, assistance and training facilities
(1)
The MMO must provide the Secretary of State with such advice and assistance
as the Secretary of State may request.
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(2)
The MMO must, at the request of any public body, provide advice to that body
on any matter which—
(a)
is within the knowledge or experience of the MMO,
(b)
relates to any of the functions of the MMO or to its general objective,
and
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(c)
affects the performance by the public body of its functions.
(3)
The MMO may provide advice to any person on any matter relating to any of
its functions or its general objective—
(a)
at the request of that person, or
(b)
if the MMO considers it appropriate to do so, on its own initiative.
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(4)
The MMO may provide any person with—
(a)
assistance, or
(b)
the use of training facilities,

as respects any matter of which the MMO has knowledge or experience.
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Provision of information etc
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(1)
The MMO may—

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 4 — Miscellaneous, general and supplemental provisions
18

(a)
publish documents or provide information about any matter relating to
any of its functions or its general objective, or
(b)
assist in the publication of such documents or the provision of such
information.
(2)
Nothing in any other enactment imposing a duty or conferring a power on the
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MMO—
(a)
to publish, or assist in the publication of, documents of a particular
kind, or
(b)
to provide, or assist in the provision of, information of a particular kind,

is to be read as limiting the power conferred by subsection (1).
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Power to charge for services
(1)
The MMO may charge such fees in respect of the cost of providing its services
as appear to it to be reasonable.
(2)
The fees that may be charged under this section include fees in respect of the
cost of services provided by the MMO under any arrangements made between
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the MMO and the Welsh Ministers or a Northern Ireland department under—
(a)
section 83 of the Government of Wales Act 2006 (c. 32), or
(b)
section 28 of the Northern Ireland Act 1998 (c. 47).
(3)
For the purposes of this section, “services” includes, in particular, anything
done under—
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(a)
section 2(11) (provision of copy of guidance);
(b)
section 24(2) (making available the results of research);
(c)
section 25(2), (3)(a) or (4) (advice, assistance and training facilities);
(d)
section 26 (information).
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Provision of information by the MMO to the Secretary of State
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(1)
The MMO must provide the Secretary of State with all such information as the
Secretary of State may reasonably require with respect to any of the following
matters—
(a)
the carrying out, or proposed carrying out, of the MMO’s functions;
(b)
the MMO’s responsibilities generally.
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(2)
Information required under this section is to be provided in such form and
manner, and be accompanied or supplemented by such explanations, as the
Secretary of State may require.
(3)
The information which the MMO may be required to provide under this
section includes information which, although it is not in the possession of the
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MMO or would not otherwise come into the possession of the MMO, is
information which it is reasonable to require the MMO to obtain.
(4)
A requirement for the purposes of this section—
(a)
must be made in writing;
(b)
may describe the information to be provided in such manner as the
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Secretary of State considers appropriate;
(c)
may require the information to be provided on a particular occasion, in
particular circumstances or from time to time.