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Marine and Coastal Access Bill [HL]


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

42

 

“dredging or spoil disposal activity” means—

(a)   

any dredging operation, or

(b)   

the deposit of any dredged materials that result from an exempt

dredging operation;

“exempt dredging operation” means a dredging operation for which a

5

marine licence is not needed by virtue of this section.

73      

Dredging in the Scottish zone

(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.

10

(2)   

The functions are—

(a)   

any function under Community law (within the meaning given by

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 a Minister of the Crown

15

(within the meaning given by section 126(1) of that Act).

74      

Oil and gas activities and carbon dioxide storage

(1)   

Nothing in this Part applies to any of the following—

(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

20

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

pipeline as respects any part of which an authorisation (within the

meaning of Part 3 of the Petroleum Act 1998) is in force;

25

(c)   

anything done for the purpose of establishing or maintaining an

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

1998);

(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 is required (gas

30

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.

35

(3)   

Subsection (1)(d) does not apply in relation to anything done in the course of

carrying out an activity for which a licence under section 4 of the Energy Act

2008 is required in, under or over—

(a)   

the territorial sea adjacent to Wales or Northern Ireland, or

(b)   

waters in a Gas Importation and Storage Zone which are United

40

Kingdom controlled waters adjacent to Scotland.

(4)   

Subsection (1)(d) does not apply in relation to anything done in, under or over

the territorial sea adjacent to Wales or Northern Ireland in the course of

carrying on an activity for which a licence under section 18 of the Energy Act

2008 is required.

45

 
 

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

43

 

Special provisions in certain cases

75      

Special procedure for applications relating to harbour works

(1)   

This section has effect in cases where—

(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

5

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

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

10

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.

(3)   

In any case where—

(a)   

both the marine licence application and the harbour order application

15

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

State is the harbour order authority) that the two applications are to be

considered together, and

20

(c)   

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

applicant,

   

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,

25

(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

(c)   

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

30

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,

(b)   

the two applications are to be considered together, and

35

(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).

(6)   

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

40

(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;

(c)   

make provision falling within subsection (7) or (8) for cases where the

45

harbour order authority (with the agreement of the Welsh Ministers, if

they are the marine licence authority and the Secretary of State is the

 
 

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

44

 

harbour order authority) comes to the conclusion that the marine

licence application is not going to be made;

(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.

5

(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

in the order shall not apply to the marine licence application;

(b)   

provision that such procedural provisions of the Harbours Act as are so

specified shall apply to that application instead;

10

(c)   

provision modifying the provisions of the Harbours Act in their

application by virtue of paragraph (b).

(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

15

(b)   

such procedural provisions of the Harbours Act as are specified in the

order.

(9)   

In this section—

“the harbour order authority” means—

(a)   

the Secretary of State, in any case where the harbour order

20

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

Secretary of State;

(b)   

the Welsh Ministers, in any case where the harbour order

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

Ministers;

25

“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

State;

30

(b)   

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

the procedure for determining an application.

35

76      

Special procedure for applications relating to certain electricity works

(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

40

(b)   

a related application for a generating station consent (the “generating

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—

45

(a)   

the activity for which the marine licence is required, or

(b)   

other works to be undertaken in connection with that activity.

 
 

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

45

 

(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

Welsh Ministers, if they are the marine licence authority and the

5

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,

   

the two applications are to be considered together.

10

(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

Secretary of State is the generating station authority) that the two

15

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—

(a)   

the application that has been received is not to be considered until the

20

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),

   

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

25

(6)(c) or (d).

(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

30

(5) applies;

(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

35

the marine licence application is not going to be made;

(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—

40

(a)   

provision that such procedural provisions of this Part as are specified

in the order shall not apply to the marine licence application;

(b)   

provision that such procedural provisions of the Electricity Act as are

so specified shall apply to that application instead;

(c)   

provision modifying the provisions of the Electricity Act in their

45

application by virtue of paragraph (b).

(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

 
 

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

46

 

(b)   

such procedural provisions of the Electricity Act as are specified in the

order.

(9)   

In this section—

“the Electricity Act” means the Electricity Act 1989 (c. 29);

“generating station authority” means—

5

(a)   

the Secretary of State, in any case where the generating station

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

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

10

Ministers;

“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;

15

(b)   

the Scottish Ministers, in any case where the marine licence

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

Ministers;

(c)   

the Welsh Ministers, in any case where the marine licence

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

20

Ministers;

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

the procedure for determining an application.

77      

Electronic communications apparatus

(1)   

A licensing authority must not grant a marine licence to carry on any activity

25

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.

(2)   

For the purposes of subsection (1) “adequate compensation arrangements” are

adequate arrangements for compensating any persons—

30

(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

the activity being carried on.

(3)   

In paragraph 11 of the Electronic Communications Code omit—

35

(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

in Schedule 2 to the Telecommunications Act 1984 (c. 12).

78      

Submarine cables on the continental shelf

40

(1)   

Nothing in this Part applies to anything done in carrying on any of the

following activities—

(a)   

laying an exempt submarine cable in the UK sector of the continental

shelf;

(b)   

maintaining an exempt submarine cable in that sector.

45

 
 

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

47

 

(2)   

A submarine cable is “exempt” unless it is a cable constructed or used in

connection with any of the following—

(a)   

the exploration of the United Kingdom 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

5

the jurisdiction of the United Kingdom;

(d)   

the prevention, reduction or control of pollution from pipelines.

(3)   

In this section—

“natural resources” means—

(a)   

the mineral and other non-living resources of the sea-bed and

10

subsoil,

together with

(b)   

living organisms belonging to sedentary species;

“living organisms belonging to sedentary species” means organisms

which, at the harvestable stage, are either—

15

(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.

79      

Structures in, over or under a main river

(1)   

Section 109 of the Water Resources Act 1991 (c. 57) (structures in, over or under

20

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,

(b)   

the Agency considers that, in view of the terms and conditions

25

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.

(8)   

Any expression used in subsection (7) above and in Part 4 of the Marine

30

and Coastal Access Act 2009 has the meaning given by that Act.”.

80      

Requirements for Admiralty consent under local legislation

(1)   

If, in the case of any particular work,—

(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

35

required (apart from this subsection) by virtue of any local legislation,

(c)   

the Secretary of State considers that, in view of the need for a marine

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.

40

(2)   

In subsection (1)—

“Admiralty consent” means the consent of the Admiralty, whether alone

or jointly with any other government department;

“local legislation” means—

 
 

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

48

 

(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

(c. 69).

81      

Byelaws for flood defence and drainage purposes

5

(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—

   “(3A)  

If, in any particular case,—

10

(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,

(c)   

the Agency considers that, in view of the terms and

15

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,

           

the requirement for the consent of the Agency does not apply in

relation to the carrying on of that activity.”.

20

Chapter 3

Enforcement

Offences

82      

Breach of requirement for, or conditions of, a licence

(1)   

A person who—

25

(a)   

contravenes section 62(1), or

(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 68(5) is

not to be taken as having failed to comply with the condition unless the

30

requirements of subsection (3) are satisfied.

(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

35

the case) within which the person must comply with the condition, and

(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

40

exceeding two years or to both.

 
 

 
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