|
| |
|
(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 |
| |
| |
(2) | The court may make an interim order suspending the operation of the relevant |
| 5 |
| |
| |
(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 |
| |
| |
(b) | that the interests of the applicant have been substantially prejudiced by |
| |
failure to comply with a procedural requirement. |
| |
| 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. |
| 35 |
Interpretation and Crown application |
| |
64 | Interpretation and Crown application of this Part |
| |
| |
| |
(a) | in the case of an MPS, in accordance with section 44 and |
| 40 |
paragraph 12 of Schedule 5, |
| |
|
| |
|
| |
|
(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. |
| |
| |
| |
| 15 |
| |
65 | Requirement for licence |
| |
| |
(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 |
| |
| |
(2) | Subsection (1) is subject to any provision made by or under sections 74 to 77 |
| |
| |
66 | Licensable marine activities |
| 25 |
(1) | For the purposes of this Part, it is a licensable marine activity to do any of the |
| |
| |
| | 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. |
| | | | | To deposit any substance or object anywhere in the sea or on or |
| | | | | | | 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 |
| | | | | | | |
|
|
| |
|
| |
|
| | 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 | | | To scuttle any vessel or floating container in the UK marine |
| | | | | | | | | | To scuttle any vessel or floating container anywhere at sea, if the |
| | | | | scuttling is controlled from a British vessel, British aircraft or British |
| | | | | | | 10 | | | To scuttle any vessel or floating container anywhere at sea, if the |
| | | | | vessel or container has been towed or propelled, for the purpose of |
| | | | | | | | | | (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. |
| | | | | To construct, alter or improve any works within the UK marine |
| | | | | | | | | | (a) | in or over the sea, or |
| | | | | (b) | on or under the sea bed. |
| | 20 | | | 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. |
| | | | | 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 | | | | | | | | 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. |
| | | | | To incinerate any substance or object on any vehicle, vessel, marine |
| | | | | structure or floating container in the UK marine licensing area. |
| | 30 | | | 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 |
| | | | | | | 35 | | | 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. |
| | |
|
|
| 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 |
| |
| |
|
| |
|
| |
|
(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. |
| |
| |
(1) | The appropriate licensing authority may require an application for a marine |
| 10 |
| |
(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 |
| |
(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, |
| |
|
| |
|
| |
|
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 |
| |
| |
(4) | The appropriate licensing authority must not proceed with an application |
| 5 |
| |
(a) | notice has been published under subsection (1) (but see subsection (7)), |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
| |
(a) | an inquiry is caused by a licensing authority to be held under |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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. |
| |
| 25 |
(1) | The appropriate licensing authority, having considered an application for a |
| |
| |
(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 |
| |
| |
(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; |
| |
|
| |
|