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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

204

 

(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;

20

(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);

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“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

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to say, Directive 2000/60/EC of the European Parliament and of the

 
 

Marine and Coastal Access Bill [HL]
Part 9 — Coastal access

205

 

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;

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

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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

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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).

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

207

 

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—

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

208

 

(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—

45

(a)   

the application, and

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

209

 

(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

 
 

Marine and Coastal Access Bill [HL]
Part 10 — Miscellaneous

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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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