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Marine and Coastal Access Bill [HL]


Marine and Coastal Access Bill [HL]
Part 3 — Marine planning
Chapter 5 — Miscellaneous and general provisions

42

 

(b)   

the Court of Session.

63      

Powers of the court on an application under section 62

(1)   

This section applies in any case where an application under section 62 is made

to a court.

(2)   

The court may make an interim order suspending the operation of the relevant

5

document—

(a)   

wholly or in part,

(b)   

generally or as it affects a particular area.

   

An interim order has effect until the proceedings are finally determined.

(3)   

Subsection (4) applies if the court is satisfied as to any of the following—

10

(a)   

that a relevant document is to any extent outside the appropriate

powers;

(b)   

that the interests of the applicant have been substantially prejudiced by

failure to comply with a procedural requirement.

(4)   

The court may—

15

(a)   

quash the relevant document;

(b)   

remit the relevant document to a body or person with a function

relating to its preparation, adoption or publication.

(5)   

If the court remits the relevant document under subsection (4)(b), it may give

directions as to the action to be taken in relation to the relevant document.

20

(6)   

Directions under subsection (5) may in particular—

(a)   

require the relevant document to be treated (generally or for specified

purposes) as not having been adopted or published;

(b)   

require specified steps in the process that has resulted in the adoption

of the relevant document to be treated (generally or for specified

25

purposes) as having been taken or as not having been taken;

(c)   

require action to be taken by a body or person with a function relating

to the preparation, adoption or publication of the document (whether

or not the body or person to whom the document is remitted);

(d)   

require action to be taken by one body or person to depend on what

30

action has been taken by another body or person.

(7)   

The court’s powers under subsections (4) and (5) are exercisable in relation to

the whole or any part of the relevant document.

(8)   

Expressions used in this section and in section 62 have the same meaning in

this section as they have in that section.

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Interpretation and Crown application

64      

Interpretation and Crown application of this Part

(1)   

In this Part—

“adopted” is to be read—

(a)   

in the case of an MPS, in accordance with section 44 and

40

paragraph 12 of Schedule 5,

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 1 — Marine licences

43

 

(b)   

in the case of a marine plan, in accordance with section 51 and

paragraph 15 of Schedule 6,

and related expressions are to be construed accordingly;

“marine plan” has the meaning given in section 51;

“marine plan area” is to be read in accordance with section 51;

5

“marine plan authority” is to be read in accordance with section 50;

“marine planning region” is to be read in accordance with section 49;

“policy authority” has the meaning given in section 44;

“retained functions” has the meaning given in section 60.

(2)   

Any reference in this Part to an MPS governing marine planning for an area is

10

to be construed in accordance with section 51(7).

(3)   

This Part binds the Crown.

Part 4

Marine licensing

Chapter 1

15

Marine licences

65      

Requirement for licence

(1)   

No person may—

(a)   

carry on a licensable marine activity, or

(b)   

cause or permit any other person to carry on such an activity,

20

   

except in accordance with a marine licence granted by the appropriate

licensing authority.

(2)   

Subsection (1) is subject to any provision made by or under sections 74 to 77

(exemptions).

66      

Licensable marine activities

25

(1)   

For the purposes of this Part, it is a licensable marine activity to do any of the

following—

 

1.

To deposit any substance or object within the UK marine licensing

 
  

area, either in the sea or on or under the sea bed, from—

 
  

(a)   

any vehicle, vessel, aircraft or marine structure,

 

30

  

(b)   

any container floating in the sea, or

 
  

(c)   

any structure on land constructed or adapted wholly or

 
  

mainly for the purpose of depositing solids in the sea.

 
 

2.

To deposit any substance or object anywhere in the sea or on or

 
  

under the sea bed from—

 

35

  

(a)   

a British vessel, British aircraft or British marine structure, or

 
  

(b)   

a container floating in the sea, if the deposit is controlled

 
  

from a British vessel, British aircraft or British marine

 
  

structure.

 
 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 1 — Marine licences

44

 
 

3.

To deposit any substance or object anywhere in the sea or on or

 
  

under the sea bed from a vehicle, vessel, aircraft, marine structure or

 
  

floating container which was loaded with the substance or object—

 
  

(a)   

in any part of the United Kingdom except Scotland, or

 
  

(b)   

in the UK marine licensing area.

 

5

 

4.

To scuttle any vessel or floating container in the UK marine

 
  

licensing area.

 
 

5.

To scuttle any vessel or floating container anywhere at sea, if the

 
  

scuttling is controlled from a British vessel, British aircraft or British

 
  

marine structure.

 

10

 

6.

To scuttle any vessel or floating container anywhere at sea, if the

 
  

vessel or container has been towed or propelled, for the purpose of

 
  

that scuttling,—

 
  

(a)   

from any part of the United Kingdom except Scotland, or

 
  

(b)   

from the UK marine licensing area, unless the towing or

 

15

  

propelling began outside that area.

 
 

7.

To construct, alter or improve any works within the UK marine

 
  

licensing area either—

 
  

(a)   

in or over the sea, or

 
  

(b)   

on or under the sea bed.

 

20

 

8.

To use a vehicle, vessel, aircraft, marine structure or floating

 
  

container to remove any substance or object from the sea bed within

 
  

the UK marine licensing area.

 
 

9.

To carry out any form of dredging within the UK marine licensing

 
  

area (whether or not involving the removal of any material from the

 

25

  

sea or sea bed).

 
 

10.

To deposit or use any explosive substance or article within the UK

 
  

marine licensing area either in the sea or on or under the sea bed.

 
 

11.

To incinerate any substance or object on any vehicle, vessel, marine

 
  

structure or floating container in the UK marine licensing area.

 

30

 

12.

To incinerate any substance or object anywhere at sea on—

 
  

(a)   

a British vessel or British marine structure, or

 
  

(b)   

a container floating in the sea, if the incineration is

 
  

controlled from a British vessel, British aircraft or British

 
  

marine structure.

 

35

 

13.

To load a vehicle, vessel, aircraft, marine structure or floating

 
  

container in any part of the United Kingdom except Scotland, or in

 
  

the UK marine licensing area, with any substance or object for

 
  

incineration anywhere at sea.

 
 

(2)   

In subsection (1)—

40

(a)   

in item 9, “dredging” includes using any device to move any material

(whether or not suspended in water) from one part of the sea or sea bed

to another part;

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 1 — Marine licences

45

 

(b)   

in items 12 and 13, “incineration” means the combustion of a substance

or object for the purpose of its thermal destruction (and in items 11 and

12 “incinerate” is to be read accordingly).

(3)   

The appropriate licensing authority for any area may by order amend

subsection (1) so as to add or remove any activity from the list of licensable

5

marine activities as it has effect in that area.

(4)   

For the purposes of this Part “the UK marine licensing area” consists of the UK

marine area, other than the Scottish inshore region.

67      

Applications

(1)   

The appropriate licensing authority may require an application for a marine

10

licence—

(a)   

to be made in such form as the authority may determine;

(b)   

to be accompanied by a fee.

(2)   

The fee that may be charged under subsection (1)(b) is to be determined by, or

in accordance with, regulations made by the appropriate licensing authority.

15

(3)   

A licensing authority may—

(a)   

determine different forms for different descriptions of applications;

(b)   

provide for different fees for different descriptions of applications.

(4)   

The appropriate licensing authority may require an applicant—

(a)   

to supply such information,

20

(b)   

to produce such articles, and

(c)   

to permit such investigations, examinations and tests,

   

as in the opinion of the authority may be necessary or expedient to enable it to

determine the application.

(5)   

If the appropriate licensing authority carries out any investigation,

25

examination or test (whether or not by virtue of subsection (4)(c)) which in its

opinion is necessary or expedient to enable it to determine an application, the

authority may require the applicant to pay a fee towards the reasonable

expenses of that investigation, examination or test.

(6)   

If an applicant fails to comply with a requirement made by the appropriate

30

licensing authority under this section, the authority may—

(a)   

refuse to proceed with the application, or

(b)   

refuse to proceed with it until the failure is remedied.

68      

Notice of applications

(1)   

Having received an application for a marine licence, the appropriate licensing  

35

     authority must—

(a)   

publish notice of the application, or

(b)   

require the applicant to publish notice of it.

(2)   

Publication under subsection (1) must be in such manner as the authority

thinks is best calculated to bring the application to the attention of any persons

40

likely to be interested in it.

(3)   

If the activity in respect of which the application is being made is proposed to

be carried on wholly or partly within the area of a local authority in England,

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 1 — Marine licences

46

 

Wales or Northern Ireland, the appropriate licensing authority must give

notice of the application, or require the applicant to give notice of the

application, to that local authority (whether or not notice has been published

under subsection (1)).

(4)   

The appropriate licensing authority must not proceed with an application

5

unless—

(a)   

notice has been published under subsection (1) (but see subsection (7)),

and

(b)   

notice has been given under subsection (3) to any local authority to

which notice of the application is required to be given by virtue of that

10

subsection (but see subsection (8)).

(5)   

If the appropriate licensing authority—

(a)   

publishes notice of an application, in pursuance of subsection (1)(a), or

(b)   

gives notice of an application to a local authority, in pursuance of

subsection (3),

15

   

the licensing authority may require the applicant to pay a fee towards the

reasonable expenses of doing so.

(6)   

If an applicant fails to comply with a requirement made by the authority under

subsection (5), the authority may—

(a)   

refuse to proceed with the application, or

20

(b)   

refuse to proceed with it until the failure is remedied.

(7)   

Subsection (1) does not apply in the case of any particular application if—

(a)   

the authority considers that notice of the application should not be

published, or

(b)   

the Secretary of State certifies that in the opinion of the Secretary of

25

State publication of notice of the application would be contrary to the

interests of national security.

(8)   

Subsection (3) does not apply in the case of any particular application and any

particular local authority if—

(a)   

the appropriate licensing authority considers that notice of the

30

application should not be given to the local authority, or

(b)   

the Secretary of State certifies that in the opinion of the Secretary of

State it would be contrary to the interests of national security to give

notice of the application to the local authority.

(9)   

In this section “local authority” means—

35

(a)   

in relation to England, a county council, a district council, a London

borough council, the Common Council of the City of London or the

Council of the Isles of Scilly;

(b)   

in relation to Wales, a county council or a county borough council;

(c)   

in relation to Northern Ireland, a district council.

40

69      

Determination of applications

(1)   

In determining an application for a marine licence (including the terms on

which it is to be granted and what conditions, if any, are to be attached to it),

the appropriate licensing authority must have regard to—

(a)   

the need to protect the environment,

45

(b)   

the need to protect human health,

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 1 — Marine licences

47

 

(c)   

the need to prevent interference with legitimate uses of the sea,

   

and such other matters as the authority thinks relevant.

(2)   

In the case of an application for a licence to authorise such activities as are

mentioned in item 7 in section 66(1), the appropriate licensing authority must

have regard (among other things) to the effects of any use intended to be made

5

of the works in question when constructed, altered or improved.

(3)   

The appropriate licensing authority must have regard to any representations

which it receives from any person having an interest in the outcome of the

application.

(4)   

A licensing authority may—

10

(a)   

from time to time consult any person or body it thinks fit as to the

general manner in which the licensing authority proposes to exercise its

powers in cases involving any matter in which that person or body has

particular expertise;

(b)   

in relation to any particular application, consult any person or body

15

which has particular expertise in any matter arising in relation to that

application.

(5)   

If the appropriate licensing authority consults any person or body under

subsection (4)(b), it must give the applicant the opportunity to make

representations to the licensing authority about any observations made by the

20

person or body.

(6)   

A licensing authority may by regulations make further provision as to the

procedure to be followed in connection with—

(a)   

applications to it for marine licences, and

(b)   

the grant by it of such licences.

25

(7)   

The provision that may be made by virtue of subsection (6) includes (in

particular) provision as to—

(a)   

the period within which any function is to be exercised (including

when that period is to begin and how it is to be calculated);

(b)   

notifying the applicant of any licensing determination.

30

70      

Inquiries

(1)   

The appropriate licensing authority may cause an inquiry to be held in

connection with the determination of an application for a marine licence.

(2)   

Subsection (1) is subject to the following provisions of this section.

(3)   

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)

35

apply to any inquiry which the Secretary of State or the Welsh Ministers may

cause to be held under subsection (1) as they apply to inquiries under that

section.

(4)   

Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act

1973 (c. 65) apply to any inquiry which the Scottish Ministers may cause to be

40

held under subsection (1) as they apply to inquiries under that section.

(5)   

Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to

any inquiry which the Department of the Environment in Northern Ireland

may cause to be held under subsection (1) as it applies to a local inquiry held

under an enactment passed or made as mentioned in section 23 of that Act.

45

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 1 — Marine licences

48

 

(6)   

Where—

(a)   

an inquiry is caused by a licensing authority to be held under

subsection (1), and

(b)   

in the case of some other matter required or authorised to be the subject

of an inquiry (“the other inquiry”), it appears to the relevant authority

5

or authorities that the matters are so far cognate that they should be

considered together,

   

the relevant authority or authorities may direct that the two inquiries be held

concurrently or combined as one inquiry.

(7)   

In subsection (6) “the relevant authority or authorities” means the licensing

10

authority or, where causing the other inquiry to be held is the function of some

other person or body, the licensing authority and that other person or body

acting jointly.

(8)   

If, in the case of any particular application, the Secretary of State certifies that

it would in the opinion of the Secretary of State be contrary to the interests of

15

national security—

(a)   

if an inquiry under subsection (1) were to be held, or

(b)   

if any members of the public, or any specified persons, were to be

admitted to the inquiry or some specified part of it,

   

the inquiry is not to be held or, as the case may be, the public is not, or those

20

persons are not, to be admitted to the inquiry or that part of it.

(9)   

In subsection (8) “specified” means—

(a)   

specified in the certificate, or

(b)   

of a description specified in the certificate.

71      

Licences

25

(1)   

The appropriate licensing authority, having considered an application for a

marine licence, must—

(a)   

grant the licence unconditionally,

(b)   

grant the licence subject to such conditions as the authority thinks fit, or

(c)   

refuse the application.

30

(2)   

The conditions that may be attached to a licence under subsection (1)(b) may

relate to—

(a)   

the activities authorised by the licence;

(b)   

precautions to be taken or works to be carried out (whether before,

during or after the carrying out of the authorised activities) in

35

connection with or in consequence of those activities.

(3)   

Those conditions include, in particular, conditions—

(a)   

that no activity authorised by the licence be carried out until the

authority or some other specified person has given such further

approval of the activity as may be specified;

40

(b)   

as to the provision, maintenance, testing or operation of equipment for

measuring or recording specified matters relating to any activity

authorised by the licence;

(c)   

as to the keeping of records or the making of returns or giving of other

information to the authority;

45

(d)   

for the removal, at the end of a specified period, of any object or works

to which the licence relates;

 
 

 
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