Marine and Coastal Access Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases
56

80
Electronic communications apparatus
(1)
A licensing authority must not grant a marine licence to carry on any activity
which amounts to or involves the exercise of a right conferred by paragraph 11
of the Electronic Communications Code unless it is satisfied that adequate
compensation arrangements have been made.
5
(2)
For the purposes of subsection (1) “adequate compensation arrangements” are
adequate arrangements for compensating any persons—
(a)
who appear to that authority to be owners of interests in the tidal water
or lands on, under or over which the right is to be exercised,
(b)
for any loss or damage sustained by those persons in consequence of
10
the activity being carried on.
(3)
In paragraph 11 of the Electronic Communications Code omit—
(a)
sub-paragraphs (3) to (10);
(b)
in sub-paragraph (11), the definition of “remedial works”.
(4)
In this section “the Electronic Communications Code” means the code set out
15
in Schedule 2 to the Telecommunications Act 1984 (c. 12).
81
Submarine cables on the continental shelf
(1)
Nothing in this Part applies to anything done in the course of laying or
maintaining an offshore stretch of exempt submarine cable.
(2)
Where subsection (1) has effect in relation to part (but not the whole) of an
20
exempt submarine cable—
(a)
the appropriate licensing authority must grant any application made to
it for a marine licence for the carrying on of a licensable marine activity
in the course of laying any inshore stretch of the cable, and
(b)
nothing in this Part applies to anything done in the course of
25
maintaining any inshore stretch of the cable.
(3)
A licensing authority has the same powers to attach conditions to a marine
licence required to be granted by virtue of subsection (2) as it has in relation to
a marine licence not required to be so granted.
(4)
In the application of this section in relation to any cable—
30
“inshore stretch” means any of the cable which is laid, or proposed to be
laid, within the seaward limits of the territorial sea;
“offshore stretch” means any of the cable which is laid, or proposed to be
laid, beyond the seaward limits of the territorial sea.
(5)
For the purposes of this section a submarine cable is “exempt” unless it is a
35
cable constructed or used in connection with any of the following—
(a)
the exploration of the UK sector of the continental shelf;
(b)
the exploitation of the natural resources of that sector;
(c)
the operations of artificial islands, installations and structures under
the jurisdiction of the United Kingdom;
40
(d)
the prevention, reduction or control of pollution from pipelines.
(6)
In this section—
“natural resources” means—

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 2 — Exemptions and special cases
57

(a)
the mineral and other non-living resources of the sea bed and
subsoil,
together with
(b)
living organisms belonging to sedentary species;
“living organisms belonging to sedentary species” means organisms
5
which, at the harvestable stage, are either—
(a)
immobile on or under the sea bed, or
(b)
unable to move except in constant physical contact with the sea
bed or the subsoil.
82
Structures in, over or under a main river
10
(1)
Section 109 of the Water Resources Act 1991 (c. 57) (structures in, over or under
a main river) is amended as follows.
(2)
After subsection (6) insert—
“(7)
Subsections (1) to (3) above shall not apply to any work if—
(a)
carrying out the work is a licensable marine activity,
15
(b)
the Agency considers that, in view of the terms and conditions
that will be included in the marine licence, the provisions of
those subsections may be dispensed with, and
(c)
the Agency issues a notice to that effect to the applicant for the
marine licence.
20
(8)
In subsection (7) above “licensable marine activity” and “marine
licence” have the same meaning as in Part 4 of the Marine and Coastal
Access Act 2009.”.
83
Requirements for Admiralty consent under local legislation
(1)
If, in the case of any particular work,—
25
(a)
a marine licence is needed for the carrying out of the work,
(b)
Admiralty consent for the carrying out of the work would also be
required (apart from this subsection) by virtue of any local legislation,
and
(c)
the Secretary of State considers that, in view of the need for a marine
30
licence, the requirement for Admiralty consent for the carrying out of
the work may be dispensed with, and issues a notice to that effect,

the requirement for Admiralty consent does not apply in relation to that work.
(2)
In subsection (1)—
“Admiralty consent” means the consent of the Admiralty, whether alone
35
or jointly with any other government department;
“local legislation” means—
(a)
a local Act, or
(b)
any such Act and any notice given and published by the
Admiralty under section 9 of the Harbours Transfer Act 1862
40
(c. 69).

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
58

84
Byelaws for flood defence and drainage purposes
(1)
Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw making powers of
the Environment Agency) is amended as follows.
(2)
In paragraph 5 (byelaws for flood defence and drainage purposes) after sub-
paragraph (3) insert—
5
   “(3A)
If, in any particular case,—
(a)
a marine licence is needed for the carrying on of any activity,
(b)
before that activity may be carried on, the consent of the
Agency would also be required (apart from this sub-
paragraph) by virtue of any byelaw under this paragraph,
10
and
(c)
the Agency considers that, in view of the terms and
conditions that will be included in the marine licence, the
requirement for the consent of the Agency may be dispensed
with, and issues a notice to that effect,
15

the requirement for the consent of the Agency does not apply in
relation to the carrying on of that activity.
    (3B)
In sub-paragraph (3A) “marine licence” has the same meaning as in
Part 4 of the Marine and Coastal Access Act 2009.”.
Chapter 3
20
Enforcement
Offences
85
Breach of requirement for, or conditions of, a licence
(1)
A person who—
(a)
contravenes section 65(1), or
25
(b)
fails to comply with any condition of a marine licence,

commits an offence.
(2)
A person who is bound by a condition of a licence by virtue of section 71(5) is
not to be taken as having failed to comply with the condition unless the
requirements of subsection (3) are satisfied.
30
(3)
The requirements are that—
(a)
the appropriate licensing authority has served the person with a notice
under this subsection which specifies the condition together with a
period (which must be a reasonable period, in all the circumstances of
the case) within which the person must comply with the condition, and
35
(b)
the person has failed to comply with the condition within that period.
(4)
A person guilty of an offence under subsection (1) is liable—
(a)
on summary conviction, to a fine not exceeding £50,000;
(b)
on conviction on indictment, to a fine or to imprisonment for a term not
exceeding two years or to both.
40

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
59

86
Action taken in an emergency
(1)
It is a defence for a person charged with an offence under section 85(1) in
relation to any activity to prove that—
(a)
the activity was carried out for the purpose of securing the safety of a
vessel, aircraft or marine structure, or for the purpose of saving life, and
5
(b)
the person took steps within a reasonable time to inform the
appropriate licensing authority of the matters set out in subsection (2).
(2)
The matters are—
(a)
the fact that the activity was carried out,
(b)
the locality and circumstances in which it was carried out, and
10
(c)
any substances or objects concerned.
(3)
A person does not have the defence provided by subsection (1) if the court is
satisfied that the activity was neither—
(a)
necessary for any purpose mentioned in subsection (1)(a), nor
(b)
a reasonable step to take in the circumstances.
15
(4)
A person does not have the defence provided by subsection (1) if the court is
satisfied that—
(a)
the activity was necessary for one of those purposes, but
(b)
the necessity was due to the fault of the person or of some other person
acting under the person’s direction or control.
20
87
Electronic communications: emergency works
(1)
It is a defence for a person charged with an offence under section 85(1) in
relation to any activity 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
25
undertaker, and
(b)
the activity was carried out for the purpose of executing emergency
works, within the meaning of that Code.
(2)
In this section “the Electronic Communications Code” means the code set out
in Schedule 2 to the Telecommunications Act 1984 (c. 12).
30
88
Activity licensed by another State
(1)
It is a defence for a person charged with an offence under section 85(1) in
relation to any activity to which subsection (2) applies to prove that subsections
(3) and (4) are satisfied in respect of that activity.
(2)
This subsection applies to any activity which—
35
(a)
falls within item 2, 5 or 12 in section 66(1), and
(b)
is carried on outside the UK marine licensing area.
(3)
This subsection is satisfied if—
(a)
in the case of an activity falling within item 2 in subsection (1) of section
66, the vessel, aircraft, marine structure or floating container (as the
40
case may be) was loaded in a Convention State or the national or
territorial waters of a Convention State with the substances or objects
deposited;

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
60

(b)
in the case of an activity falling within item 5 in that subsection, the
vessel scuttled was towed or propelled from a Convention State or the
national or territorial waters of a Convention State to the place where
the scuttling was carried out;
(c)
in the case of an activity falling within item 12 in that subsection, the
5
vessel or marine structure on which the incineration took place was
loaded in a Convention State or the national or territorial waters of a
Convention State with the substances or objects incinerated.
(4)
This subsection is satisfied if the activity was carried on—
(a)
in pursuance of a licence issued by the responsible authority in the
10
Convention State concerned, and
(b)
in accordance with the provisions of that licence.
(5)
For the purposes of this section—
“Convention State” means a state which is a party to the London
Convention, the London Protocol or the OSPAR Convention;
15
“the London Convention” means the Convention on the Prevention of
Maritime Pollution by Dumping of Wastes and Other Matter
concluded at London in December 1972;
“the London Protocol” means the Protocol to the London Convention
agreed at London in November 1996;
20
“the OSPAR Convention” means the Convention for the Protection of the
Marine Environment of the North-East Atlantic concluded at Paris in
September 1992.
(6)
The references in subsection (5) to the London Convention, the London
Protocol and the OSPAR Convention are to them as they have effect from time
25
to time.
(7)
The Secretary of State may by order amend subsections (5) and (6) in such
manner as the Secretary of State considers appropriate for the purpose of
giving effect to any international agreement which has been ratified by the
United Kingdom and which alters the provisions of, or replaces, those
30
Conventions or that Protocol.
89
Information
(1)
A person who, for any of the purposes set out in subsection (2),—
(a)
makes a statement which is false or misleading in a material particular,
knowing the statement to be false or misleading,
35
(b)
makes a statement which is false or misleading in a material particular,
being reckless as to whether the statement is false or misleading, or
(c)
intentionally fails to disclose any material particular,

commits an offence.
(2)
The purposes are—
40
(a)
the purpose of procuring the issue, variation or transfer of a licence, or
(b)
the purpose of complying with, or purporting to comply with, any
obligation imposed by the provisions of this Part or the provisions of a
licence.
(3)
A person guilty of an offence under subsection (1) is liable—
45
(a)
on summary conviction, to a fine not exceeding the statutory
maximum;

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
61

(b)
on conviction on indictment, to a fine.
Enforcement notices
90
Compliance notice
(1)
If it appears to an enforcement authority that subsections (3) and (4) are
satisfied in relation to a person carrying on an activity in its area, it may issue
5
a compliance notice to that person.
(2)
A compliance notice is a notice requiring a person to take such steps (falling
within subsection (5)(b)) as are specified in it.
(3)
This subsection is satisfied if a person holding a marine licence—
(a)
has carried on, or is carrying on, a licensable marine activity under that
10
licence, and
(b)
in carrying on that activity has failed, or is failing, to comply with a
condition of the licence.
(4)
This subsection is satisfied if the carrying on of the activity has not caused, and
is not likely to cause, any of the following—
15
(a)
serious harm to the environment;
(b)
serious harm to human health;
(c)
serious interference with legitimate uses of the sea.
(5)
A compliance notice must—
(a)
state the enforcement authority’s grounds for believing that
20
subsections (3) and (4) are satisfied;
(b)
require the person to take such steps as the authority considers
appropriate to ensure that the condition in question is complied with;
(c)
state the period before the end of which those steps must be taken.
91
Remediation notice
25
(1)
If it appears to an enforcement authority that each of subsections (3) to (5) is
satisfied in relation to a person carrying on an activity in its area, it may issue
a remediation notice to that person.
(2)
A remediation notice is a notice requiring a person to do either or both of the
following—
30
(a)
to take such steps (falling within subsection (7)(b)) as are specified in it;
(b)
to pay to the enforcement authority such sums (falling within
subsection (7)(c)) as are specified in it.
(3)
This subsection is satisfied if a person has carried on, or is carrying on, a
licensable marine activity.
35
(4)
This subsection is satisfied if the carrying on of the activity has involved, or
involves, the commission of an offence under section 85(1).
(5)
This subsection is satisfied if the carrying on of the activity has caused, or is
causing or is likely to cause, any of the following—
(a)
harm to the environment;
40
(b)
harm to human health;
(c)
interference with legitimate uses of the sea.

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
62

(6)
Before issuing a remediation notice, the enforcement authority must consult
the person to whom it is proposed to be issued as to the steps or, as the case
may be, the sum to be specified in the notice.
(7)
A remediation notice—
(a)
must state the enforcement authority’s grounds for believing that each
5
of subsections (3) to (5) is satisfied;
(b)
may require the person to take such remedial or compensatory steps as
the authority considers appropriate;
(c)
may require the person to pay a sum representing the reasonable
expenses of any remedial or compensatory steps taken, or to be taken,
10
by the enforcement authority or the appropriate licensing authority
(whether or not under section 106);
(d)
must state the period before the end of which those steps must be taken
or, as the case may be, that sum must be paid.
(8)
In subsection (7)(b) and (c) “remedial or compensatory steps” means steps
15
taken (or to be taken) for any one or more of the purposes mentioned in
subsection (9) (whether or not the steps are to be taken at or near the place
where the harm or interference mentioned in subsection (5) has been, is being,
or is likely to be, caused or the activity in respect of which the notice is issued
is or has been carried on).
20
(9)
The purposes are—
(a)
protecting the environment;
(b)
protecting human health;
(c)
preventing interference with legitimate uses of the sea;
(d)
preventing or minimising, or remedying or mitigating the effects of, the
25
harm or interference mentioned in subsection (5);
(e)
restoring (whether in whole or in part) the condition of any place
affected by that harm or interference to the condition, or a condition
reasonably similar to the condition, in which the place would have been
had the harm or interference not occurred;
30
(f)
such purposes not falling within the preceding paragraphs as the
enforcement authority considers appropriate in all the circumstances of
the case.
92
Further provision as to enforcement notices
(1)
A compliance notice or remediation notice—
35
(a)
must be served on any person carrying on, or in control of, the activity
to which the notice relates, and
(b)
if a marine licence has been granted in relation to that activity, may also
be served on the licensee.
(2)
An enforcement authority may by a further notice—
40
(a)
revoke a compliance notice or remediation notice;
(b)
vary a compliance notice or remediation notice so as to extend the
period specified in accordance with section 90(5)(c) or, as the case may
be, section 91(7)(d).
(3)
A person who fails to comply with—
45
(a)
a compliance notice, or
(b)
a remediation notice,