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 9 — Coastal access
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(d)
belongs to a government department or is held in trust for Her Majesty
for the purposes of a government department.
(3)
The appropriate authority may enter into—
(a)
an agreement under section 35 of the CROW Act (means of access)
entered into by Natural England or an access authority by virtue of
5
paragraph 1 of Schedule 20, or
(b)
an agreement under paragraph 2 of that Schedule (establishment and
maintenance of the English coastal route),

as respects an interest in Crown land held by or on behalf of the Crown.
(4)
An agreement described in subsection (3)(a) or (b) as respects any other interest
10
in Crown land is of no effect unless approved by the appropriate authority.
(5)
The “appropriate authority” means—
(a)
in the case of land which belongs to Her Majesty in right of the Crown,
the Crown Estate Commissioners or other government department
having management of the land in question;
15
(b)
in the case of land which belongs to Her Majesty in right of Her private
estates, a person appointed by Her Majesty in writing under the Royal
Sign Manual, or if no such appointment is made, the Secretary of State;
(c)
in the case of land which belongs to Her Majesty in right of the Duchy
of Lancaster, the Chancellor of the Duchy;
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(d)
in the case of land which belongs to the Duchy of Cornwall, such
person as the Duke of Cornwall, or the possessor for the time being of
the Duchy of Cornwall, appoints;
(e)
in the case of land which belongs to a government department or is
held in trust for Her Majesty for the purposes of a government
25
department, that department.
(6)
If any question arises under this section as to what authority is the appropriate
authority in relation to any land, that question is to be referred to the Treasury,
whose decision is final.
(7)
In this section references to Her Majesty’s private estates are to be construed in
30
accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
304
Interpretation of this Part
In this Part—
“the 1949 Act” has the meaning given by section 291(8);
“access authority”, in relation to any land, has the same meaning as in Part
35
1 of the CROW Act;
“the coastal access duty” has the meaning given by section 291(4);
“coastal margin” means land which is coastal margin for the purposes of
Part 1 of the CROW Act (including any land treated as coastal margin
by virtue of section 16 of that Act);
40
“the CROW Act” has the meaning given by section 291(8);
“the English coast” has the meaning given by section 295;
“the English coastal route” has the meaning given by section 291(3);
“estuarial waters” means any waters within the limits of transitional
waters, within the meaning of the Water Framework Directive (that is
45
to say, Directive 2000/60/EC of the European Parliament and of the

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Council of 23 October 2000 establishing a framework for Community
action in the field of water policy);
“functions” includes powers and duties;
“long-distance route” means a route provided for in approved proposals
relating to a long-distance route within the meaning of section 52(3) of
5
the 1949 Act (as read with section 55(4) of that Act);
“the sea”, subject to section 296, does not include any part of a river which
is upstream of the seaward limit of the river’s estuarial waters.
Wales
305
Powers of National Assembly for Wales
10
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly
measures), in field 16 (sport and recreation), after matter 16.1 insert—
“Matter 16.2
The establishment and maintenance of a route (or a number of routes) for
the coast to enable the public to make recreational journeys.
15
This matter does not include—
(a)
enabling the public to make journeys by mechanically
propelled vehicles (except permitted journeys by qualifying
invalid carriages);
(b)
the creation of new highways (whether under the Highways
20
Act 1980 or otherwise).
Matter 16.3
Securing public access to relevant land for the purposes of open-air
recreation.
Land is relevant land if it—
25
(a)
is at the coast,
(b)
can be used for the purposes of open-air recreation in
association with land within paragraph (a), or
(c)
can be used for the purposes of open-air recreation in
association with a route within matter 16.2.
30
In this matter the reference to land at the coast is not limited to coastal
land within the meaning of section 3 of the Countryside and Rights of
Way Act 2000.
Interpretation of this field
In this field—
35
“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
transitional waters within the meaning of the Water Framework
Directive (that is to say, Directive 2000/60/EC of the European
40
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;

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“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
5
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
10
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
15
within the meaning of section 20 of the Chronically Sick and Disabled
Persons Act 1970.”
Part 10
Miscellaneous
Natural England
20
306
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
25
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
30
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,

applies for the purposes of this section as it applies for the purposes of
35
the Act under which it is made.”.
307
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).

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Countryside Council for Wales
308
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
5
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—
10
“(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).
15

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.
20

In this subsection “Welsh zone” has the same meaning as in the
Government of Wales Act 2006.”
Works detrimental to navigation
309
Works detrimental to navigation
(1)
In the Energy Act 2008 (c. 32), after Part 4 (decommissioning of energy
25
installations) insert—
“Part 4A
Works detrimental to navigation
Consent required for carrying out of certain operations
79A
Restriction of works detrimental to navigation
30
(1)
A person must not, without the written consent of the Secretary of
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
35
the operation.
(3)
Subject to that, subsection (1) applies to an operation if—

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(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
(c)
it may be carried out only with a permission falling within
5
subsection (5).
(4)
The descriptions of operations are—
(a)
the construction, alteration, improvement, dismantlement or
abandonment of any works;
(b)
the deposit of any object or materials;
10
(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,
(b)
a licence under section 4 or 18 of this Act (gas storage and gas
15
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).
(6)
For the purposes of this Part, the operations which may be carried out
20
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.
(7)
In the case of an authorised exploration or exploitation operation (see
25
subsection (8))—
(a)
the reference in subsection (3) to an operation being likely to
result in obstruction or danger to navigation,
includes
(b)
a reference to the operation being likely to result in obstruction
30
or danger to navigation by reason of any use intended to be
made of the works in question when constructed, altered or
improved.
(8)
In this Part “authorised exploration or exploitation operation” means
any operation—
35
(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).
79B
Applications for consent under section 79A
(1)
The Secretary of State may, as a condition of considering an application
40
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.
(2)
On receipt of any such application, the Secretary of State may cause to
be published notice of—
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(a)
the application, and

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(b)
the time within which, and the manner in which, objections to
the application may be made.
(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.
5
(4)
The Secretary of State may cause an inquiry to be held in connection
with the determination of an application for consent.
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,
10
or is likely to result in, obstruction or danger to navigation, subsection
(2) applies.
(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
15
considers appropriate.
(3)
In exercising functions under subsection (2), the Secretary of State must
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.
20
(4)
In the case of an authorised exploration or exploitation operation—
(a)
any reference in subsection (1) or (3) to an operation being likely
to result in obstruction or danger to navigation,
includes
(b)
a reference to the operation being likely to result in obstruction
25
or danger to navigation by reason of any use intended to be
made of the works in question when constructed, altered or
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
30
the consent is given is begun or completed within such period as may
be specified in the consent.
(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
35
(1)
This section applies where the Secretary of State has given consent for
an authorised exploration or exploitation operation, but subject to a
condition (a “consent condition”).
(2)
A consent condition shall either—
(a)
remain in force for a specified period, or
40
(b)
remain in force without limit of time,

but this is subject to subsection (5).
(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

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who for the time being owns, occupies, or enjoys any use of, the works
in question.
(4)
Where—
(a)
a consent condition relates to the taking of navigational
precautions, and
5
(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),

the Secretary of State may vary the condition for the purpose of
enhancing the effectiveness of the aids to navigation which are to be
10
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
following—
(a)
the provision of any lights, signals or other aids to navigation;
15
(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
connection with, controlling the movements of ships in the
vicinity of those works.
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Directions by the Secretary of State
79E
Secretary of State’s power of direction
(1)
This section applies if—
(a)
the person to whom a consent under section 79A is given fails
to comply with any provision of the consent, or
25
(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
steps which the Secretary of State considers necessary or appropriate to
comply with the provision or condition within a period specified in the
30
direction.
(3)
The Secretary of State must consult the defaulter before giving a
direction under subsection (2).
(4)
If the defaulter fails to comply with a direction under subsection (2), the
Secretary of State may—
35
(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—
(a)
do anything which the defaulter could have done, and
(b)
recover from the defaulter any reasonable costs incurred in
40
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
which the person taking action by virtue of subsection (4) notified P of
the sum payable and ending with the date of payment.
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