|
| |
|
(e) | omit the definitions of “United Kingdom waters” and “United |
| |
Kingdom controlled waters”. |
| |
The Government of Wales Act 2006 |
| |
3 (1) | In Schedule 3 to the Government of Wales Act 2006 (c. 32) (transfer etc of |
| |
functions: further provisions) paragraph 4 (power to direct that certain |
| 5 |
functions exercisable by a Minister of the Crown are exercisable in relation |
| |
to Welsh controlled waters only after consultation with the Welsh Ministers) |
| |
| |
(2) | In sub-paragraph (1) (which extends the power conferred by section 58(1)(c) |
| |
of that Act and specifies the enactments to which it applies)— |
| 10 |
(a) | omit paragraph (a) (Part 2 of the Food and Environment Protection |
| |
| |
(b) | after paragraph (b) insert— |
| |
“(c) | the provisions of Parts 4 and 8 of the Marine and |
| |
Coastal Access Act 2009 (marine licensing and |
| 15 |
enforcement) specified in sub-paragraph (1A), or |
| |
(d) | regulations under section 73 of that Act (appeals),”. |
| |
(3) | After sub-paragraph (1) insert— |
| |
“(1A) | The provisions of the Marine and Coastal Access Act 2009 |
| |
mentioned in sub-paragraph (1)(c) are— |
| 20 |
(a) | sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) |
| |
to (3) (marine licences), so far as relating to items 1 to 6 and |
| |
11 to 13 in section 66(1) of that Act (licensable marine |
| |
| |
(b) | section 101 (registers); |
| 25 |
(c) | sections 106 and 91(7)(c) (power to take remedial action, |
| |
and power to require payment of sum representing |
| |
reasonable expenses of taking such action); |
| |
(d) | section 107 (power to test, and charge for testing, certain |
| |
| 30 |
(e) | sections 230(3) and 235(1)(c) (enforcement officers).”. |
| |
| |
4 (1) | The Planning Act 2008 (c. 29) is amended as follows. |
| |
(2) | After section 149 insert— |
| |
“149A | Deemed consent under a marine licence |
| 35 |
(1) | An order granting development consent may include provision |
| |
deeming a marine licence to have been issued under Part 4 of the |
| |
Marine and Coastal Access Act 2009 (marine licensing) for any |
| |
activity only if the activity is to be carried out wholly in one or more |
| |
of the areas specified in subsection (2). |
| 40 |
| |
| |
(b) | waters adjacent to England up to the seaward limits of the |
| |
| |
|
| |
|
| |
|
(c) | an exclusive economic zone, except any part of an exclusive |
| |
economic zone in relation to which the Scottish Ministers |
| |
| |
(d) | a Renewable Energy Zone, except any part of a Renewable |
| |
Energy Zone in relation to which the Scottish Ministers have |
| 5 |
| |
(e) | 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 Ministers have functions. |
| 10 |
(3) | Subsections (4) and (5) apply if an order granting development |
| |
consent includes provision— |
| |
(a) | deeming a marine licence to have been granted under Part 4 |
| |
of the Marine and Coastal Access Act 2009 subject to specified |
| |
| 15 |
(b) | deeming those conditions to have been attached to the |
| |
marine licence by the Secretary of State under that Part. |
| |
(4) | A person who fails to comply with such a condition does not commit |
| |
an offence under section 161 of this Act. |
| |
(5) | Sections 68 (notice of applications) and 69(3) and (5) |
| 20 |
(representations) of the Marine and Coastal Access Act 2009 do not |
| |
apply in relation to the deemed marine licence.”. |
| |
(3) | In section 161 (breach of terms of order granting development consent), in |
| |
subsection (2), for “sections 148(4) and 149(4)” substitute “section 149A(4)”. |
| |
(4) | In Schedule 4, in paragraph 1(11) (power to correct certain errors or |
| 25 |
omissions in development consent decisions) for the words from “any of |
| |
paragraphs” to the end of the sub-paragraph substitute “paragraph 30A or |
| |
30B of Schedule 5 (deemed marine licence under Marine and Coastal Access |
| |
| |
(5) | In Schedule 5 (provision relating to, or to matters ancillary to, development) |
| 30 |
after paragraph 30 insert— |
| |
“30A | Deeming a marine licence under Part 4 of the Marine and Coastal |
| |
Access Act 2009 to have been given by the Secretary of State for |
| |
activities specified in the order and subject to such conditions as |
| |
may be specified in the order. |
| 35 |
30B | Deeming any such conditions to have been attached to the marine |
| |
licence by the Secretary of State under that Part.”. |
| |
(6) | In Schedule 6 (changes to, and revocation of, orders granting development |
| |
| |
(a) | paragraph 2(13) (power to make non-material changes to |
| 40 |
development consent order not to apply in relation to deemed |
| |
consents and licences), and |
| |
(b) | paragraph 5(6) (power to change or revoke development consent |
| |
order not to apply in relation to deemed consents and licences), |
| |
| for the words from “any of paragraphs” to the end of the sub-paragraph |
| 45 |
substitute “paragraph 30A or 30B of Schedule 5 (deemed marine licence |
| |
under Marine and Coastal Access Act 2009).”. |
| |
|
| |
|
| |
|
(7) | The following provisions cease to have effect— |
| |
(a) | section 148 (deemed consent under section 34 of the Coast Protection |
| |
| |
(b) | section 149 (deemed consent under Part 2 of the Food and |
| |
Environment Protection Act 1985 (c. 48)), |
| 5 |
(c) | in Schedule 5, paragraphs 27 to 30 (which relate to deemed consents). |
| |
| |
| |
The Food and Environment Protection Act 1985 |
| |
Electronic communications apparatus: operations in tidal waters etc |
| 10 |
5 | In the Food and Environment Protection Act 1985 after section 8 (licences) |
| |
| |
“8A | Electronic communications apparatus: operations in tidal waters etc |
| |
(1) | The Scottish Ministers must not issue a licence to carry out any |
| |
operation which amounts to, or involves the exercise of, a right |
| 15 |
conferred by paragraph 11 of the electronic communications code set |
| |
out in Schedule 2 to the Telecommunications Act 1984 unless they |
| |
are satisfied that adequate compensation arrangements have been |
| |
| |
(2) | For the purposes of subsection (1) “adequate compensation |
| 20 |
arrangements” are adequate arrangements for compensating any |
| |
| |
(a) | who appear to the Scottish Ministers to be owners of interests |
| |
in the tidal water or lands on, under or over which the right |
| |
| 25 |
(b) | for any loss or damage sustained by those persons in |
| |
consequence of the operation being carried out.”. |
| |
Electronic communications: emergency works |
| |
6 (1) | Section 9 of the Food and Environment Protection Act 1985 (offences relating |
| |
to the licensing system) is amended as follows. |
| 30 |
(2) | In subsection (1) (which is expressed to be subject to certain later |
| |
subsections) in the words preceding paragraph (a), before “below” insert |
| |
| |
(3) | After subsection (7) insert— |
| |
“(8) | It shall be a defence for a person charged with an offence under |
| 35 |
subsection (1) in relation to any operation to prove that— |
| |
(a) | for the purposes of paragraph 23 of the electronic |
| |
communications code (undertaker’s works), the person is the |
| |
operator or a relevant undertaker, and |
| |
(b) | the activity was carried out for the purpose of executing |
| 40 |
emergency works, within the meaning of that code. |
| |
| In this subsection “the electronic communications code” means the |
| |
code set out in Schedule 2 to the Telecommunications Act 1984.”. |
| |
|
| |
|
| |
|
| |
Application of Part 3 in relation to submarine pipelines |
| |
7 (1) | Section 24 of the Petroleum Act 1998 (c. 17) (application of Part 3) is |
| |
| |
(2) | After subsection (2) insert— |
| 5 |
| |
(a) | is specified in an order made by the Secretary of State under |
| |
| |
(b) | is of a description so specified, |
| |
| the pipeline shall be disregarded for the purposes of this Part of this |
| 10 |
Act (other than this subsection) or shall be so disregarded while any |
| |
specified condition is satisfied.”. |
| |
(3) | After subsection (3) insert— |
| |
“(3A) | The Secretary of State may by order provide that specified provisions |
| |
of this Part of this Act shall apply, subject to such modifications (if |
| 15 |
any) as are specified, in relation to a controlled pipeline— |
| |
(a) | which is specified or of a specified description, and |
| |
(b) | which meets the conditions in subsection (3B). |
| |
| |
(a) | that the pipeline is used in connection with exploration for, or |
| 20 |
exploitation of, petroleum, or the importation of petroleum |
| |
| |
(b) | that, by virtue of the date when construction of the pipeline |
| |
was begun, section 14(1)(b) would not apply in relation to use |
| |
of the pipeline but for an order under this subsection.”. |
| 25 |
(4) | In subsection (5) (negative resolution procedure) after “an order under |
| |
subsection (2)” insert “, (2A) or (3A)”. |
| |
(5) | Any authorisation issued under section 14(1)(b) of the Petroleum Act 1998 |
| |
(use of certain pipelines) continues to have effect notwithstanding the |
| |
provisions of any order under section 24(2A) of that Act. |
| 30 |
(6) | Where an order under subsection (3A) of section 24 of the Petroleum Act |
| |
1998 comes into force in relation to a pipeline, the Secretary of State must |
| |
grant an authorisation under section 14(1)(b) of that Act in respect of the |
| |
conveyance, on and after the day on which the order comes into force, of any |
| |
substances for which the pipeline was normally used before the coming into |
| 35 |
| |
(7) | Sub-paragraph (6) is without prejudice to the provision that may be |
| |
included in the authorisation with respect to information to be provided by |
| |
the owner of the pipeline. |
| |
Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4 |
| 40 |
8 (1) | Section 45 of the Petroleum Act 1998 (interpretation of Part 4) is amended as |
| |
| |
|
| |
|
| |
|
(2) | In the definition of “submarine pipeline”, after the paragraphs, insert— |
| |
| “but does not include any such pipeline which, by virtue of an order |
| |
under subsection (2A) of section 24, is to be disregarded for the |
| |
purposes of Part 3 of this Act (other than that subsection).”. |
| |
| 5 |
| |
Licensing: transitional provision relating to Part 4 |
| |
| |
| |
| |
“the commencement date” means the date on which section 65 comes |
| 10 |
| |
“the CPA” means the Coast Protection Act 1949 (c. 74); |
| |
“FEPA” means the Food and Environment Protection Act 1985 (c. 48). |
| |
| |
Coast Protection Act 1949 |
| 15 |
Consents previously given and outstanding applications |
| |
2 (1) | Any consent given under subsection (1) of section 34 of the CPA which— |
| |
(a) | is in effect immediately before the commencement date, and |
| |
(b) | relates to an operation which— |
| |
(i) | falls within that subsection, and |
| 20 |
(ii) | is a licensable marine activity, |
| |
| has effect on and after that date as if it were a marine licence granted by the |
| |
appropriate licensing authority in relation to that activity (a “deemed |
| |
| |
(2) | In accordance with sub-paragraph (1)— |
| 25 |
(a) | a consent given for a specified period remains in force (subject to the |
| |
provisions of this Part of this Act) for so much of that period as falls |
| |
after the commencement date; |
| |
(b) | any condition subject to which a consent under subsection (1) of |
| |
section 34 of the CPA has been given has effect as if it were a |
| 30 |
condition attached to the deemed licence; |
| |
(c) | any provision made under subsection (4) of that section in respect of |
| |
a consent has effect as if it were provision made under section |
| |
71(4)(a) of this Act in respect of the deemed licence; |
| |
(d) | any condition having effect under section 34(4A)(b) of the CPA has |
| 35 |
effect as if it were such a condition as is mentioned in section 71(5) of |
| |
| |
(3) | Any reference in sub-paragraph (1) or (2) to a consent given under section |
| |
34(1) of the CPA, or to a condition subject to which such a consent is given, |
| |
includes a reference to a consent deemed to have been given, or a condition |
| 40 |
deemed to have been imposed, by virtue of provision included in an order |
| |
|
| |
|
| |
|
granting development consent (see paragraphs 27 and 28 of Schedule 5 to |
| |
the Planning Act 2008 (c. 29). |
| |
(4) | Any application for consent under subsection (1) of section 34 of the CPA |
| |
| |
(a) | is made before the commencement date, and |
| 5 |
(b) | relates to an operation which— |
| |
(i) | falls within that subsection, and |
| |
(ii) | is a licensable marine activity, |
| |
| has effect on and after that date as if it were an application for a marine |
| |
licence made to the appropriate licensing authority in relation to that |
| 10 |
| |
| |
3 | The repeal of section 36A of the CPA does not affect the operation of that |
| |
provision in relation to anything occurring before the date on which that |
| |
| 15 |
| |
Food and Environment Protection Act 1985 |
| |
Licences previously issued and outstanding applications |
| |
4 (1) | Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which— |
| |
(a) | is in effect immediately before the commencement date, and |
| 20 |
(b) | relates to the doing of anything which— |
| |
(i) | falls within section 5 or 6 of that Act, and |
| |
(ii) | is an activity which, on or after that date, must not be carried |
| |
on except in accordance with a marine licence granted by the |
| |
appropriate licensing authority, |
| 25 |
| has effect on and after that date as if it were a marine licence granted by the |
| |
appropriate licensing authority in relation to that activity (a “deemed |
| |
| |
(2) | In accordance with sub-paragraph (1)— |
| |
(a) | a licence issued for a specified period remains in force (subject to the |
| 30 |
provisions of this Part of this Act) for so much of that period as falls |
| |
after the commencement date; |
| |
(b) | any provision included in a FEPA licence by virtue of section 8(3) or |
| |
(4) of that Act has effect as if it were a condition attached to the |
| |
| 35 |
(3) | Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision |
| |
included in such a licence, includes a reference to a licence deemed to have |
| |
been issued, or a provision deemed to have been included, by virtue of |
| |
provision included in a order granting development consent (see |
| |
paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29). |
| 40 |
(4) | Any application for a FEPA licence which— |
| |
(a) | was made before the commencement date, and |
| |
(b) | relates to an activity which— |
| |
(i) | falls within section 5 or 6 of FEPA, and |
| |
|
| |
|
| |
|
(ii) | on or after that date, must not be carried on except in |
| |
accordance with a marine licence granted by the appropriate |
| |
| |
| has effect on and after that date as if it were an application for a marine |
| |
licence made to the appropriate licensing authority in relation to that |
| 5 |
| |
(5) | An applicant who has paid a fee under section 8(7) or (8) of FEPA must not |
| |
be charged a fee under section 67(1)(b) of this Act in respect of the deemed |
| |
| |
5 (1) | Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 |
| 10 |
to 17 of Schedule 3 to FEPA continue to apply in any case where a person— |
| |
(a) | makes written representations (in accordance with paragraph 5 of |
| |
that Schedule) before the commencement date, or |
| |
(b) | within the period of 28 days ending with that date, is issued with a |
| |
FEPA licence or receives notice under paragraph 1, 3 or 4 of that |
| 15 |
| |
(2) | Sub-paragraph (1) has effect in place of any provision made under section 73 |
| |
of this Act for appeals against any decision of an appropriate licensing |
| |
authority on an application for a licence. |
| |
| 20 |
6 | The amendments made by paragraph 2 of Schedule 8 do not affect the |
| |
operation of section 10 of FEPA in relation to anything carried out otherwise |
| |
than under and in accordance with a FEPA licence before the |
| |
| |
| 25 |
7 (1) | This paragraph applies in any case where— |
| |
(a) | immediately before the commencement date, an authority was |
| |
required to maintain under section 14 of FEPA a register (the “FEPA |
| |
register”) containing information of any particular description in |
| |
respect of any particular area, |
| 30 |
(b) | on that date the authority ceased to be required to maintain a register |
| |
under that section containing information of that description in |
| |
respect of that area, and |
| |
(c) | as from that date the authority is required to maintain a register |
| |
under section 101 of this Act (the “new register”) containing |
| 35 |
information in respect of that area. |
| |
(2) | In any such case, the authority must include in the new register any |
| |
information falling within sub-paragraph (1)(a) that was contained (or was |
| |
required to have been contained) in the FEPA register immediately before |
| |
| 40 |
(3) | For the purpose of giving effect to this paragraph— |
| |
(a) | references in section 101 to marine licences are to be read as |
| |
including references to FEPA licences, and |
| |
(b) | references in that section to this Part of this Act or to any provision |
| |
of this Part are to be read as including references to Part 2 of FEPA or |
| 45 |
to the corresponding provision of that Part. |
| |
|
| |
|