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Marine and Coastal Access Bill [HL]


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

49

 

(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

provisions.

(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

or revoked—

(a)   

because of a change in circumstances relating to the environment or

human health;

(b)   

because of increased scientific knowledge relating to either of those

35

matters;

(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

exceeding 18 months.

(7)   

On an application made by a licensee, the licensing authority which granted

the licence—

45

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases

50

 

(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

section 71.

(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.

Chapter 2

Exemptions and special cases

Exemptions

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

order are satisfied.

(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

but for the order.

30

(3)   

Approval under subsection (2) may be—

(a)   

without conditions;

(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.

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases

51

 

(5)   

A licensing authority must consult such persons as the authority considers

appropriate as to any order the authority contemplates making under this

section.

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.

(2)   

The conditions are—

(a)   

that the activity is undertaken by or on behalf of a harbour authority,

and

(b)   

that the activity is authorised by, and carried out in accordance with,

10

any legislation falling within subsection (3).

(3)   

The legislation is—

(a)   

any local Act,

(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

(c. 1 (N.I.)), or

(d)   

section 10(3) of that Act.

(4)   

In this section—

“dredging or spoil disposal activity” means—

(a)   

any dredging operation, or

20

(b)   

the deposit of any dredged materials that result from an exempt

dredging operation;

“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.

(2)   

The functions are—

(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;

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases

52

 

(c)   

anything done for the purpose of establishing or maintaining an

offshore installation (within the meaning of Part 4 of the Petroleum Act

1998 (c. 17));

(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

inshore region, or

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

Act 2008).

(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

(3)   

In any case where—

(a)   

both the marine licence application and the harbour order application

have been made,

(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

considered together, and

(c)   

the harbour order authority has given notice of that decision to the

applicant,

   

the two applications are to be considered together.

45

(4)   

Subsection (5) applies in any case where—

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases

53

 

(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

considered together, and

5

(c)   

the harbour order authority has given notice of that decision to the

applicant.

(5)   

In any such case—

(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

of subsection (4)(b),

   

but this is subject to any provision that may be made by virtue of subsection

(6)(c) or (d).

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

(3) applies;

(b)   

make provision falling within subsection (7) for cases where subsection

(5) applies;

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

modifying—

(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

order.

40

(9)   

In this section—

“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

Secretary of State;

45

(b)   

the Welsh Ministers, in any case where the harbour order

application falls (or would fall) to be determined by the Welsh

Ministers;

“the Harbours Act” means the Harbours Act 1964 (c. 40);

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases

54

 

“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

State;

(b)   

the Welsh Ministers, in any case where the marine licence

5

application falls (or would fall) to be made to the Welsh

Ministers;

“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

station application”).

(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.

(3)   

In any case where—

(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

applicant,

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

applicant.

(5)   

In any such case—

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

of subsection (4)(b),

45

   

but this is subject to any provision that may be made by virtue of subsection

(6)(c) or (d).

 
 

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases

55

 

(6)   

The Secretary of State may by order do any of the following—

(a)   

make provision falling within subsection (7) for cases where subsection

(3) applies;

(b)   

make provision falling within subsection (7) for cases where subsection

(5) applies;

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

modifying—

(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

order.

25

(9)   

In this section—

“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

Secretary of State;

(b)   

the Scottish Ministers, in any case where the generating station

application falls (or would fall) to be determined by the Scottish

Ministers;

“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

State;

(b)   

the Scottish Ministers, in any case where the marine licence

application falls (or would fall) to be made to the Scottish

40

Ministers;

(c)   

the Welsh Ministers, in any case where the marine licence

application falls (or would fall) to be made to the Welsh

Ministers;

“procedural provisions” means any provisions for or in connection with

45

the procedure for determining an application.

 
 

 
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