|
| |
|
“dredging or spoil disposal activity” means— |
| |
(a) | any dredging operation, or |
| |
(b) | the deposit of any dredged materials that result from an exempt |
| |
| |
“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 |
| |
(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 |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
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. |
| |
| |
(a) | both the marine licence application and the harbour order application |
| 15 |
| |
(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 |
| |
| 20 |
(c) | the harbour order authority has given notice of that decision to the |
| |
| |
| 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 |
| |
| |
(c) | the harbour order authority has given notice of that decision to the |
| 30 |
| |
| |
(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 |
| |
| |
| 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— |
| 40 |
(a) | make provision falling within subsection (7) for cases where subsection |
| |
| |
(b) | make provision falling within subsection (7) for cases where subsection |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
| |
“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 |
| |
| |
(b) | the Welsh Ministers, in any case where the harbour order |
| |
application falls (or would fall) to be determined by the Welsh |
| |
| 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 |
| |
| 30 |
(b) | 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 |
| |
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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
| 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 |
| |
| |
| |
(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 |
| |
| |
| but this is subject to any provision that may be made by virtue of subsection |
| 25 |
| |
(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 |
| 30 |
| |
(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 |
| |
| |
(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 |
| |
| |
| |
“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 |
| |
| |
(b) | the Scottish Ministers, in any case where the generating station |
| |
application falls (or would fall) to be determined by the Scottish |
| 10 |
| |
“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 |
| |
| 15 |
(b) | the Scottish Ministers, in any case where the marine licence |
| |
application falls (or would fall) to be made to the Scottish |
| |
| |
(c) | the Welsh Ministers, in any case where the marine licence |
| |
application falls (or would fall) to be made to the Welsh |
| 20 |
| |
“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 |
| |
| |
(a) | laying an exempt submarine cable in the UK sector of the continental |
| |
| |
(b) | maintaining an exempt submarine cable in that sector. |
| 45 |
|
| |
|
| |
|
(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. |
| |
| |
“natural resources” means— |
| |
(a) | the mineral and other non-living resources of the sea-bed and |
| 10 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
“Admiralty consent” means the consent of the Admiralty, whether alone |
| |
or jointly with any other government department; |
| |
“local legislation” means— |
| |
|
| |
|
| |
|
| |
(b) | any such Act and any notice given and published by the |
| |
Admiralty under section 9 of the Harbours Transfer Act 1862 |
| |
| |
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- |
| |
| |
“(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 |
| |
| |
| |
82 | Breach of requirement for, or conditions of, a licence |
| |
| 25 |
(a) | contravenes section 62(1), or |
| |
(b) | fails to comply with any condition of a marine licence, |
| |
| |
(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. |
| |
|
| |
|