Marine and Coastal Access Bill [HL]

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Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 1 — Establishment
1

A
Bill
To
Make provision in relation to marine functions and activities; to make
provision about migratory and freshwater fish; to make provision for and in
connection with the establishment of an English coastal walking route and of
rights of access to land near the English coast; to enable the making of
Assembly Measures in relation to Welsh coastal routes for recreational
journeys and rights of access to land near the Welsh coast; to make further
provision in relation to Natural England and the Countryside Council for
Wales; to make provision in relation to works which are detrimental to
navigation; to amend the Harbours Act 1964; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Marine Management Organisation
Chapter 1
Establishment
1
The Marine Management Organisation
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(1)
There is to be a body known as the Marine Management Organisation (“the
MMO”).
(2)
The MMO is to have the functions conferred on it by or under this Act or any
other enactment.
(3)
Schedule 1 contains further provisions about the MMO.
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(4)
Schedule 2 contains minor and consequential amendments relating to the
MMO.

HL Bill 1
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Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 1 — Establishment
2

2
General objective
(1)
It is the duty of the MMO to secure that the MMO functions are so exercised
that the carrying on of activities by persons in the MMO’s area is managed,
regulated or controlled—
(a)
in a manner which is consistent and co-ordinated (see subsection (2)),
5
and
(b)
with the objective of making a contribution to the achievement of
sustainable development (see subsection (3)).

Any reference in this Act to the MMO’s “general objective” is a reference to the
duty imposed on the MMO by this subsection.
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(2)
In this section—
“consistent and co-ordinated” includes taking into account the effect (if
any) that decisions in respect of—
(a)
any particular part of the MMO’s area, or
(b)
the carrying on of any activity within that area,
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will have on any other part of that area or the carrying on of any other
activity in that area;
“the MMO’s area” means those parts of the UK marine area, or of the
United Kingdom, where MMO functions are exercisable;
“MMO functions” means functions exercisable by or on behalf of the
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MMO.
(3)
The Secretary of State is to give the MMO guidance as to the manner in which
the MMO is to seek to secure that the contribution to the achievement of
sustainable development mentioned in subsection (1)(b) is made.
(4)
The Secretary of State must consult the MMO before giving any guidance
25
under subsection (3).
(5)
In preparing any such guidance the Secretary of State must take into
consideration—
(a)
the functions of the MMO, and
(b)
the resources available, or likely to be available, to the MMO.
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(6)
The MMO must publish, in such manner as it may determine, any guidance
given to it under this section.
(7)
The MMO must provide any person on request with a copy of the whole or any
part of any such guidance.
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Management
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(1)
The MMO is to use its best endeavours to meet such objectives as the Secretary
of State may from time to time set with regard to the quality and effectiveness
of its performance.
(2)
Subsection (6) of section 24 of the Legislative and Regulatory Reform Act 2006
(c. 51) (consultation) does not apply in relation to an order under subsection (2)
40
of that section specifying regulatory functions of the MMO as functions to
which sections 21 and 22 of that Act (principles and code of practice) apply.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
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Chapter 2
Transfer of functions to the MMO
Sea Fish (Conservation) Act 1967
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Licensing of fishing boats
(1)
The Secretary of State’s function of granting licences under section 4 of the Sea
5
Fish (Conservation) Act 1967 (c. 84) (licensing of fishing boats) is transferred to
the MMO.
(2)
In this section—
(a)
subsection (1) has effect subject to any exceptions made by order under
subsection (7), and
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(b)
subsections (3) to (6) have effect subject to any provision made by virtue
of subsection (8) (disapplication or modification in relation to excepted
licences).
(3)
In the following provisions of section 4 of the Sea Fish (Conservation) Act
1967—
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(a)
subsection (6) (conditions of licence),
(b)
subsection (7) (powers to require information),
(c)
subsection (9) (power to vary, revoke or suspend a licence),
(d)
subsection (10) (power to make refund on variation, revocation or
suspension),
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any reference to the Minister granting a licence, or to the Minister who granted
a licence, is to be read, in the case of licences granted or treated as granted by
the Secretary of State or the MMO, as a reference to the MMO.
(4)
In the application of subsection (8) (power to issue limited number of licences)
in relation to the licensing powers of the MMO under that section, the reference
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to the Ministers is to be read as a reference to the MMO.
(5)
In any orders made under that section, any reference which includes a
reference to the Secretary of State is to be read, as respects any area where the
MMO exercises functions under or by virtue of that section, as including
instead a reference to the MMO.
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(6)
Any licences granted or treated as granted by or on behalf of the Secretary of
State under that section before the coming into force of this section are to have
effect as from the coming into force of this section as licences granted by the
MMO.
(7)
The Secretary of State may by order make provision for or in connection with
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excepting from the transfer effected by subsection (1) the granting of such
licences (“excepted licences”) as are specified, or of a description specified, in
the order.
(8)
The provision that may be made by an order under subsection (7) includes
provision for the disapplication or modification of provisions of subsections (3)
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to (6) in their application in relation to excepted licences.

This is without prejudice to anything in section 306 of this Act (regulations and
orders).

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
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Restrictions on time spent at sea: appeals
In section 4AA(5) of the Sea Fish (Conservation) Act 1967 (c. 84) (duty to vary
licence to give effect to determination of tribunal on appeal) the reference to the
Minister who granted the licence is to be read, in the case of licences granted or
treated as granted by the Secretary of State or the MMO, as a reference to the
5
MMO.
6
Trans-shipment licences for vessels
(1)
The Secretary of State’s function of granting licences under section 4A of the
Sea Fish (Conservation) Act 1967 (licences for the receiving by a vessel of fish
trans-shipped from another vessel) is transferred to the MMO.
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(2)
In the following provisions of that section—
(a)
subsection (6) (conditions of licence),
(b)
subsection (7) (powers to require information),
(c)
subsection (10) (power to vary, revoke or suspend a licence),
(d)
subsection (11) (power to make refund on variation, revocation or
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suspension),

any reference to the Minister granting a licence, or to the Minister who granted
a licence, is to be read, in the case of licences granted or treated as granted by
the Secretary of State or the MMO, as a reference to the MMO.
(3)
In the application of subsection (9) (power to issue limited number of licences)
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in relation to the licensing powers of the MMO under that section, the reference
to the Ministers is to be read as a reference to the MMO.
(4)
In any orders made under that section, any reference which includes a
reference to the Secretary of State is to be read, as respects any area where the
MMO exercises functions under or by virtue of that section, as including
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instead a reference to the MMO.
(5)
Any licences granted or treated as granted by or on behalf of the Secretary of
State under that section before the coming into force of this section are to have
effect as from the coming into force of this section as licences granted by the
MMO.
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(6)
The heading to the section is to be “Licensing of vessels receiving trans-shipped
fish”.
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Regulations supplementary to sections 4 and 4A
In any regulations made under section 4B of the Sea Fish (Conservation) Act
1967 any reference to the Secretary of State, or which includes a reference to the
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Secretary of State, is to be read, as respects any area where the MMO exercises
functions under or by virtue of that section, as a reference to the MMO or, as
the case may be, as including instead a reference to the MMO.
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Exemptions for operations for scientific and other purposes
(1)
The functions of the Secretary of State under subsections (1) to (4) of section 9
40
of the Sea Fish (Conservation) Act 1967 (exemption of certain things done
under the authority of one of the Ministers) are transferred to the MMO.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
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(2)
In that section, after subsection (6) insert—
“(6A)
The Secretary of State may make regulations with respect to
applications to the Marine Management Organisation for authority
under this section.
(6B)
The provision that may be made in any such regulations includes
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provision as to—
(a)
the manner in which, and time before which, any such
application is to be made, and
(b)
the charging of a reasonable fee by the Marine Management
Organisation for dealing with an application.
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(6C)
The power to make regulations under this section shall be exercisable
by statutory instrument.
(6D)
A statutory instrument containing regulations under this section shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.”.
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(3)
Any authority granted or treated as granted by the Secretary of State under that
section before the coming into force of this section is to have effect as from the
coming into force of this section as an authority granted by the MMO.
Nature conservation
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Licences to kill or take seals
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(1)
The Secretary of State’s functions of granting and revoking licences under
section 10 of the Conservation of Seals Act 1970 (c. 30) (power to grant licences)
are transferred to the MMO.
(2)
Any licences—
(a)
granted by the Secretary of State under that section before the coming
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into force of this section, and
(b)
having effect in relation to the whole or any part of England or the
English inshore region,

are to have effect as from the coming into force of this section as licences
granted by the MMO.
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(3)
Any application for a licence under that section which was made, but not
determined, before the coming into force of this section is to be treated as an
application made to the MMO after the coming into force of this section.
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Wildlife and Countryside Act 1981
(1)
Section 16 of the Wildlife and Countryside Act 1981 (c. 69) (power to grant
35
licences) is amended as follows.
(2)
After subsection (8) insert—
“(8A)
In this section, in the case of a licence under any of subsections (1) to (4),
so far as relating to the restricted English inshore region (see subsection
(12)), “the appropriate authority” means the Marine Management
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Organisation.”.

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
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(3)
In subsection (9) (meaning of “the appropriate authority”) at the beginning
insert “Except as provided by subsection (8A),”.
(4)
At the end of the section insert—
“(12)
In this section—
(a)
“the restricted English inshore region” means so much of the
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English inshore region as lies to seaward of mean low water
mark;
(b)
“the English inshore region” has the meaning given by section
312 of the Marine and Coastal Access Act 2009.”.
(5)
To the extent that an application for a licence under section 16 of the Wildlife
10
and Countryside Act 1981 (c. 69) which was made, but not determined, before
the coming into force of this section relates to the restricted English inshore
region, the application is to be treated as an application made to the MMO after
the coming into force of this section.
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Sea Fisheries (Wildlife Conservation) Act 1992
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In section 1(1) of the Sea Fisheries (Wildlife Conservation) Act 1992 (c. 36)
(conservation in the exercise of sea fisheries functions) after “the Minister or
Ministers” insert “or the Marine Management Organisation”.
Generating and renewable energy installations
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Certain consents under Electricity Act 1989
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(1)
The electricity consent functions of the Secretary of State are transferred to the
MMO.
(2)
The electricity consent functions are functions under any of the following
sections of the Electricity Act—
(a)
section 36(1), (5) and (7) (giving consent for construction etc of
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generating stations, and prosecuting breaches of that requirement),
(b)
section 36A (making declarations extinguishing etc public rights of
navigation), and
(c)
section 36B (duties in relation to navigation),

so far as relating to any generating station falling within subsection (3).
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(3)
A generating station falls within this subsection if—
(a)
it is in waters in or adjacent to Great Britain up to the seaward limits of
the territorial sea, or in a renewable energy zone, and
(b)
it has a capacity such that the construction or extension of the
generating station would not be a nationally significant infrastructure
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project (within the meaning given by sections 14 and 15 of the Planning
Act 2008 (c. 29)).
(4)
In accordance with subsection (1), any reference in the following provisions to
the Secretary of State is to be read, so far as relating to the exercise of an
electricity consent function, as a reference to the MMO—
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(a)
Schedule 8 to the Electricity Act (procedure), except paragraphs 1(3),
2(3) and 3(1), and the modifications of paragraph 4 made by paragraph
7A(5)(a)(ii) and (b), of that Schedule;
(b)
paragraph 1(2) of Schedule 9 to that Act (preservation of amenity);

Marine and Coastal Access Bill [HL]
Part 1 — The Marine Management Organisation
Chapter 2 — Transfer of functions to the MMO
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(c)
regulations 71 to 74 of the Conservation (Natural Habitats, &c)
Regulations 1994 (S.I. 1994/2716) (adaptation of planning and other
controls);
(d)
the Electricity Works (Environmental Impact Assessment) (England
and Wales) Regulations 2000 (S.I. 2000/1927).
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(5)
Paragraph 1(4) of Schedule 8 to the Electricity Act (payment of sums into
Consolidated Fund) does not apply to sums received by the MMO by virtue of
this section.
(6)
In consequence of the provision made by this section, insert the subsection set
out in subsection (7)—
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(a)
into section 36 of the Electricity Act, after subsection (1B) as subsection
(1C), and
(b)
into each of sections 36A and 36B of that Act, after subsection (1) as
subsection (1A).
(7)
The subsection is—
15
“( )
This section is subject to section 12 of the Marine and Coastal Access
Act 2009 (which transfers certain functions of the Secretary of State to
the Marine Management Organisation).”.
(8)
In this section “the Electricity Act” means the Electricity Act 1989 (c. 29).
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Safety zones: functions under section 95 of the Energy Act 2004
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(1)
The safety zone functions of the Secretary of State outside Scottish areas are
transferred to the MMO.
(2)
Those functions are any functions of the Secretary of State under section 95 of
the Energy Act 2004 (c. 20) (safety zones around renewable energy
installations), so far as relating to any renewable energy installation that meets
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the requirements of subsections (3) and (4)
(3)
The renewable energy installation must be in waters subject to regulation
under section 95 of the Energy Act 2004, other than—
(a)
any area of Scottish waters, or
(b)
any area of waters in a Scottish part of a renewable energy zone.
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(4)
The renewable energy installation must have a capacity such that the
construction or extension of the installation would not be a nationally
significant infrastructure project (within the meaning given by sections 14 and
15 of the Planning Act 2008 (c. 29)).
(5)
In accordance with subsection (1), any reference in the following provisions to
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the Secretary of State is to be read, so far as relating to the exercise of any
function falling within subsection (2), as a reference to the MMO—
(a)
section 95 of the Energy Act 2004,
(b)
Schedule 16 to that Act (procedure for declaring safety zones),

but this is subject to the exceptions in subsection (6).
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(6)
Those exceptions are the following provisions of Schedule 16 to the Energy Act
2004 (which relate to regulations made by the Secretary of State)—
paragraph 3(2)(b);
in paragraph 4(1), the words preceding paragraph (a);