|
| |
|
(e) | for the carrying out, at the end of a specified period, of such works as |
| |
may be specified for the remediation of the site or of any object or works |
| |
to which the licence relates; |
| |
(f) | that any activity authorised by the licence must take place at a specified |
| |
site, whether or not in the UK marine licensing area. |
| 5 |
(4) | A licence may provide— |
| |
(a) | that it is to expire unless the activity which it authorises is begun or |
| |
completed within a specified period; |
| |
(b) | that it is to remain in force indefinitely or for a specified period of time |
| |
(which may be determined by reference to a specified event). |
| 10 |
(5) | A licence authorising such activities as are mentioned in item 7 in section 66(1) |
| |
may provide that the conditions attached to it are to bind any other person who |
| |
for the time being owns, occupies or enjoys any use of the works in question |
| |
(whether or not the licence is transferred to that other person). |
| |
(6) | A licensing authority must not grant a licence to carry on any activity which is |
| 15 |
contrary to international law. |
| |
(7) | In this section “specified” means specified in the licence in question. |
| |
72 | Variation, suspension, revocation and transfer |
| |
(1) | A licensing authority may by notice vary, suspend or revoke a licence granted |
| |
by it if it appears to the authority that there has been a breach of any of its |
| 20 |
| |
(2) | A licensing authority may by notice vary, suspend or revoke a licence granted |
| |
by it if it appears to the authority that— |
| |
(a) | in the course of the application for the licence, any person either |
| |
supplied information to the authority that was false or misleading or |
| 25 |
failed to supply information, and |
| |
(b) | if the correct information had been supplied the authority would have, |
| |
or it is likely that the authority would have, refused the application or |
| |
granted the licence in different terms. |
| |
(3) | A licensing authority may by notice vary, suspend or revoke a licence granted |
| 30 |
by it if it appears to the authority that the licence ought to be varied, suspended |
| |
| |
(a) | because of a change in circumstances relating to the environment or |
| |
| |
(b) | because of increased scientific knowledge relating to either of those |
| 35 |
| |
(c) | in the interests of safety of navigation; |
| |
(d) | for any other reason that appears to the authority to be relevant. |
| |
(4) | A suspension under subsection (1), (2) or (3) is for such period as the authority |
| |
specifies in the notice of suspension. |
| 40 |
(5) | A licensing authority may by further notice extend the period of a suspension. |
| |
(6) | But a licence may not by virtue of this section be suspended for a period |
| |
| |
(7) | On an application made by a licensee, the licensing authority which granted |
| |
| 45 |
|
| |
|
| |
|
(a) | may transfer the licence from the licensee to another person, and |
| |
(b) | if it does so, must vary the licence accordingly. |
| |
(8) | A licence may not be transferred except in accordance with subsection (7). |
| |
73 | Appeals against licensing decisions |
| |
(1) | The appropriate licensing authority must by regulations make provision for |
| 5 |
any person who applies for a marine licence to appeal against a decision under |
| |
| |
(2) | The regulations required by subsection (1) must come into force on the day on |
| |
which this Part comes into force. |
| |
(3) | Regulations under this section may include— |
| 10 |
(a) | provision as to the procedure to be followed with respect to an appeal; |
| |
(b) | provision for or in connection with suspending or varying any |
| |
condition subject to which the licence was granted, pending |
| |
determination of the appeal; |
| |
(c) | provision as to the powers of any person to whom the appeal is made; |
| 15 |
(d) | provision as to how any sum payable in pursuance of a decision of that |
| |
person is to be recoverable. |
| |
| |
Exemptions and special cases |
| |
| 20 |
74 | Exemptions specified by order |
| |
(1) | The appropriate licensing authority for an area may by order specify, as |
| |
regards that area, activities— |
| |
(a) | which are not to need a marine licence; |
| |
(b) | which are not to need a marine licence if conditions specified in the |
| 25 |
| |
(2) | The conditions that may be specified in an order under this section include |
| |
conditions enabling the authority to require a person to obtain the authority’s |
| |
approval before the person does anything for which a licence would be needed |
| |
| 30 |
(3) | Approval under subsection (2) may be— |
| |
| |
(b) | subject to such conditions as the authority considers appropriate. |
| |
(4) | In deciding whether to make an order under this section, the appropriate |
| |
licensing authority must have regard to— |
| 35 |
(a) | the need to protect the environment, |
| |
(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. |
| |
|
| |
|
| |
|
(5) | A licensing authority must consult such persons as the authority considers |
| |
appropriate as to any order the authority contemplates making under this |
| |
| |
75 | Exemptions for certain dredging etc activities |
| |
(1) | A marine licence is not needed for a dredging or spoil disposal activity if the |
| 5 |
conditions in subsection (2) are met. |
| |
| |
(a) | that the activity is undertaken by or on behalf of a harbour authority, |
| |
| |
(b) | that the activity is authorised by, and carried out in accordance with, |
| 10 |
any legislation falling within subsection (3). |
| |
| |
| |
(b) | any order under section 14 or 16 of the Harbours Act 1964 (c. 40), |
| |
(c) | any order under section 1 of the Harbours Act (Northern Ireland) 1970 |
| 15 |
| |
(d) | section 10(3) of that Act. |
| |
| |
“dredging or spoil disposal activity” means— |
| |
(a) | any dredging operation, or |
| 20 |
(b) | the deposit of any dredged materials that result from an exempt |
| |
| |
“exempt dredging operation” means a dredging operation for which a |
| |
marine licence is not needed by virtue of this section. |
| |
76 | Dredging in the Scottish zone |
| 25 |
(1) | Nothing in this Part applies to anything done, in the exercise of a function |
| |
falling within subsection (2), in relation to the extraction of minerals by |
| |
dredging in the Scottish zone. |
| |
| |
(a) | any function under Community law (within the meaning given by |
| 30 |
section 126(9) of the Scotland Act 1998 (c. 46)); |
| |
(b) | any of Her Majesty’s prerogative and other executive functions which |
| |
is exercisable on behalf of Her Majesty by the Scottish Ministers. |
| |
77 | Oil and gas activities and carbon dioxide storage |
| |
(1) | Nothing in this Part applies to any of the following— |
| 35 |
(a) | anything done in the course of carrying on an activity for which a |
| |
licence under section 3 of the Petroleum Act 1998 (c. 17) or section 2 of |
| |
the Petroleum (Production) Act 1934 (c. 36) (licences to search for and |
| |
get petroleum) is required; |
| |
(b) | anything done for the purpose of constructing or maintaining a |
| 40 |
pipeline as respects any part of which an authorisation (within the |
| |
meaning of Part 3 of the Petroleum Act 1998) is in force; |
| |
|
| |
|
| |
|
(c) | anything done for the purpose of establishing or maintaining an |
| |
offshore installation (within the meaning of Part 4 of the Petroleum Act |
| |
| |
(d) | anything done in the course of carrying on an activity for which a |
| |
licence under section 4 or 18 of the Energy Act 2008 (c. 32) is required |
| 5 |
(gas unloading, storage and recovery, and carbon dioxide storage). |
| |
(2) | For the purposes of subsection (1)(a) or (d), activities are to be regarded as |
| |
activities for which a licence of the description in question is required if, by |
| |
virtue of such a licence, they are activities which may be carried on only with |
| |
the consent of the Secretary of State or another person. |
| 10 |
(3) | Subsection (1)(d) does not apply in relation to anything done in the course of |
| |
carrying on an activity for which a licence under section 4 of the Energy Act |
| |
2008 is required in, under or over any area of sea— |
| |
(a) | which is within the Welsh inshore region or the Northern Ireland |
| |
| 15 |
(b) | which is within both the Scottish offshore region and a Gas Importation |
| |
and Storage Zone (within the meaning given by section 1 of the Energy |
| |
| |
(4) | Subsection (1)(d) does not apply in relation to anything done in, under or over |
| |
any area of sea within the Welsh inshore region or the Northern Ireland |
| 20 |
inshore region in the course of carrying on an activity for which a licence under |
| |
section 18 of the Energy Act 2008 (c. 32) is required. |
| |
Special provisions in certain cases |
| |
78 | Special procedure for applications relating to harbour works |
| |
(1) | This section has effect in cases where— |
| 25 |
(a) | a person who proposes to carry on an activity must first make an |
| |
application for a marine licence to carry on that activity (the “marine |
| |
licence application”), and |
| |
(b) | a related application for a harbour order (the “harbour order |
| |
application”) is or has been made by the person, or the harbour order |
| 30 |
authority has reason to believe that it will be so made. |
| |
(2) | A “related application for a harbour order” is an application for an order under |
| |
section 14 or 16 of the Harbours Act in relation to— |
| |
(a) | the activity for which the marine licence is required, or |
| |
(b) | other works to be undertaken in connection with that activity. |
| 35 |
| |
(a) | both the marine licence application and the harbour order application |
| |
| |
(b) | the harbour order authority decides (with the agreement of the Welsh |
| |
Ministers, if they are the marine licence authority and the Secretary of |
| 40 |
State is the harbour order authority) that the two applications are to be |
| |
| |
(c) | the harbour order authority has given notice of that decision to the |
| |
| |
| the two applications are to be considered together. |
| 45 |
(4) | Subsection (5) applies in any case where— |
| |
|
| |
|
| |
|
(a) | one of the applications has been received but not the other, |
| |
(b) | the harbour order authority decides (with the agreement of the Welsh |
| |
Ministers, if they are the marine licence authority and the Secretary of |
| |
State is the harbour order authority) that the two applications are to be |
| |
| 5 |
(c) | the harbour order authority has given notice of that decision to the |
| |
| |
| |
(a) | the application that has been received is not to be considered until the |
| |
other application has also been received, |
| 10 |
(b) | the two applications are to be considered together, and |
| |
(c) | the condition in subsection (3)(b) is to be regarded as satisfied by virtue |
| |
| |
| but this is subject to any provision that may be made by virtue of subsection |
| |
| 15 |
(6) | The Secretary of State may by order do any of the following— |
| |
(a) | make provision falling within subsection (7) for cases where subsection |
| |
| |
(b) | make provision falling within subsection (7) for cases where subsection |
| |
| 20 |
(c) | make provision falling within subsection (7) or (8) for cases where the |
| |
harbour order authority (with the agreement of the Welsh Ministers, if |
| |
they are the marine licence authority and the Secretary of State is the |
| |
harbour order authority) comes to the conclusion that the marine |
| |
licence application is not going to be made; |
| 25 |
(d) | make provision falling within subsection (7) or (8) for cases where the |
| |
harbour order authority comes to the conclusion that the harbour order |
| |
application is not going to be made. |
| |
(7) | The provision that may be made by virtue of this subsection is— |
| |
(a) | provision that such procedural provisions of this Part as are specified |
| 30 |
in the order are not to apply to the marine licence application; |
| |
(b) | provision that such procedural provisions of the Harbours Act as are so |
| |
specified are to apply to that application instead; |
| |
(c) | provision modifying the provisions of the Harbours Act in their |
| |
application by virtue of paragraph (b). |
| 35 |
(8) | The provision that may be made by virtue of this subsection is provision |
| |
| |
(a) | such procedural provisions of this Part as are specified in the order, or |
| |
(b) | such procedural provisions of the Harbours Act as are specified in the |
| |
| 40 |
| |
“the harbour order authority” means— |
| |
(a) | the Secretary of State, in any case where the harbour order |
| |
application falls (or would fall) to be determined by the |
| |
| 45 |
(b) | the Welsh Ministers, in any case where the harbour order |
| |
application falls (or would fall) to be determined by the Welsh |
| |
| |
“the Harbours Act” means the Harbours Act 1964 (c. 40); |
| |
|
| |
|
| |
|
“the marine licence authority” means— |
| |
(a) | the Secretary of State, in any case where the marine licence |
| |
application falls (or would fall) to be made to the Secretary of |
| |
| |
(b) | the Welsh Ministers, in any case where the marine licence |
| 5 |
application falls (or would fall) to be made to the Welsh |
| |
| |
“procedural provisions” means any provisions for or in connection with |
| |
the procedure for determining an application. |
| |
79 | Special procedure for applications relating to certain electricity works |
| 10 |
(1) | This section has effect in cases where a person who proposes to carry on an |
| |
activity must first make both— |
| |
(a) | an application for a marine licence to carry on that activity (the “marine |
| |
licence application”), and |
| |
(b) | a related application for a generating station consent (the “generating |
| 15 |
| |
(2) | A “related application for a generating station consent” is an application for a |
| |
consent under section 36 of the Electricity Act (consent for construction etc of |
| |
generating stations) in relation to— |
| |
(a) | the activity for which the marine licence is required, or |
| 20 |
(b) | other works to be undertaken in connection with that activity. |
| |
| |
(a) | both the marine licence application and the generating station |
| |
application have been made, |
| |
(b) | the generating station authority decides (with the agreement of the |
| 25 |
Welsh Ministers, if they are the marine licence authority and the |
| |
Secretary of State is the generating station authority) that the two |
| |
applications are to be considered together, and |
| |
(c) | the generating station authority has given notice of that decision to the |
| |
| 30 |
| the two applications are to be considered together. |
| |
(4) | Subsection (5) applies in any case where— |
| |
(a) | one of the applications has been received but not the other, |
| |
(b) | the generating station authority decides (with the agreement of the |
| |
Welsh Ministers, if they are the marine licence authority and the |
| 35 |
Secretary of State is the generating station authority) that the two |
| |
applications are to be considered together, and |
| |
(c) | the generating station authority has given notice of that decision to the |
| |
| |
| 40 |
(a) | the application that has been received is not to be considered until the |
| |
other application has also been received, |
| |
(b) | the two applications are to be considered together, and |
| |
(c) | the condition in subsection (3)(b) is to be regarded as satisfied by virtue |
| |
| 45 |
| but this is subject to any provision that may be made by virtue of subsection |
| |
| |
|
| |
|
| |
|
(6) | The Secretary of State may by order do any of the following— |
| |
(a) | make provision falling within subsection (7) for cases where subsection |
| |
| |
(b) | make provision falling within subsection (7) for cases where subsection |
| |
| 5 |
(c) | make provision falling within subsection (7) or (8) for cases where the |
| |
generating station authority (with the agreement of the Welsh |
| |
Ministers, if they are the marine licence authority and the Secretary of |
| |
State is the generating station authority) comes to the conclusion that |
| |
the marine licence application is not going to be made; |
| 10 |
(d) | make provision falling within subsection (7) or (8) for cases where the |
| |
generating station authority comes to the conclusion that the |
| |
generating station application is not going to be made. |
| |
(7) | The provision that may be made by virtue of this subsection is— |
| |
(a) | provision that such procedural provisions of this Part as are specified |
| 15 |
in the order are not to apply to the marine licence application; |
| |
(b) | provision that such procedural provisions of the Electricity Act as are |
| |
so specified are to apply to that application instead; |
| |
(c) | provision modifying the provisions of the Electricity Act in their |
| |
application by virtue of paragraph (b). |
| 20 |
(8) | The provision that may be made by virtue of this subsection is provision |
| |
| |
(a) | such procedural provisions of this Part as are specified in the order, or |
| |
(b) | such procedural provisions of the Electricity Act as are specified in the |
| |
| 25 |
| |
“the Electricity Act” means the Electricity Act 1989 (c. 29); |
| |
“generating station authority” means— |
| |
(a) | the Secretary of State, in any case where the generating station |
| |
application falls (or would fall) to be determined by the |
| 30 |
| |
(b) | the Scottish Ministers, in any case where the generating station |
| |
application falls (or would fall) to be determined by the Scottish |
| |
| |
“the marine licence authority” means— |
| 35 |
(a) | the Secretary of State, in any case where the marine licence |
| |
application falls (or would fall) to be made to the Secretary of |
| |
| |
(b) | the Scottish Ministers, in any case where the marine licence |
| |
application falls (or would fall) to be made to the Scottish |
| 40 |
| |
(c) | the Welsh Ministers, in any case where the marine licence |
| |
application falls (or would fall) to be made to the Welsh |
| |
| |
“procedural provisions” means any provisions for or in connection with |
| 45 |
the procedure for determining an application. |
| |
|
| |
|