|
| |
|
(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, |
| |
| |
(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 |
| |
| |
“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 |
| |
“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 |
| |
|
| |
|
| |
|
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. |
| |
| |
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— |
| |
| |
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 |
| |
| |
(b) | the creation of new highways (whether under the Highways |
| 20 |
| |
| |
Securing public access to relevant land for the purposes of open-air |
| |
| |
Land is relevant land if it— |
| 25 |
| |
(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 |
| |
| |
Interpretation of 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; |
| |
|
| |
|
| |
|
“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 |
| |
| |
“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 |
| |
| |
| |
| |
| 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 |
| |
(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 |
| |
(b) | under section 126(2) of the Scotland Act 1998 for the purposes |
| |
of determining which waters are treated as being adjacent to |
| |
| |
| 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). |
| |
|
| |
|
| |
|
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 |
| |
| |
| In this Part “Wales” has the same meaning as in the Government of |
| |
| |
(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 |
| |
| |
(a) | the functions conferred by paragraphs (c) to (e) of subsection |
| |
| |
(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 |
| |
| |
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 |
| |
(3) | Subject to that, subsection (1) applies to an operation if— |
| |
|
| |
|
| |
|
(a) | it causes, or is likely to result in, obstruction or danger to |
| |
navigation (whether while the operation is being carried out or |
| |
| |
(b) | it is of a description falling within subsection (4), and |
| |
(c) | it may be carried out only with a permission falling within |
| 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. |
| |
| |
(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 |
| |
(a) | the reference in subsection (3) to an operation being likely to |
| |
result in obstruction or danger to navigation,
|
| |
| |
(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 |
| |
| |
(8) | In this Part “authorised exploration or exploitation operation” means |
| |
| 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 |
| |
| |
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 |
| |
| |
(2) | On receipt of any such application, the Secretary of State may cause to |
| |
| 45 |
| |
|
| |
|
| |
|
(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, |
| |
| 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) | 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 |
| |
(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 |
| |
| 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,
|
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
who for the time being owns, occupies, or enjoys any use of, the works |
| |
| |
| |
(a) | a consent condition relates to the taking of navigational |
| |
| 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 |
| |
| |
(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 |
| |
| |
(c) | the taking of any other measures for the purpose of, or in |
| |
connection with, controlling the movements of ships in the |
| |
| 20 |
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 |
| |
(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 |
| |
| 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 |
| |
(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. |
| 45 |
|
| |
|