Marine and Coastal Access Bill [HL]

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
49

83
Action taken in an emergency
(1)
It is a defence for a person charged with an offence under section 82(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 defendant or a person acting
under the defendant’s direction or control.
20
84
Electronic communications: emergency works
(1)
It is a defence for a person charged with an offence under section 82(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,
(b)
the activity was carried out for the purpose of executing emergency
works, within the meaning of that code, and
(c)
the activity was carried out in accordance with any requirements
imposed by or under that code.
30
(2)
In this section “the electronic communications code” means the code set out in
Schedule 2 to the Telecommunications Act 1984 (c. 12).
85
Activity licensed by another State
(1)
It is a defence for a person charged with an offence under section 82(1) in
relation to any activity to which subsection (2) applies to prove that subsections
35
(3) and (4) are satisfied in respect of that activity.
(2)
This subsection applies to any activity which—
(a)
falls within item 2, 5 or 12 in section 63(1), and
(b)
is carried on outside the UK marine licensing area.
(3)
This subsection is satisfied if—
40
(a)
in the case of an activity falling within item 2 in section 63(1), the vessel,
aircraft, marine structure or floating container (as the 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
50

(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.
86
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 £50,000;

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
51

(b)
on conviction on indictment, to a fine.
Enforcement notices
87
Compliance notice
(1)
If it appears to the appropriate enforcement authority that subsections (3) and
(4) are satisfied in relation to a person carrying on an activity in its area, it may
5
issue 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)
harm to the environment;
(b)
harm to human health;
(c)
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.
88
Remediation notice
25
(1)
If it appears to the appropriate 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 82(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)
serious harm to the environment;
40
(b)
serious harm to human health;
(c)
serious interference with legitimate uses of the sea.

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 3 — Enforcement
52

(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 steps as the authority
considers appropriate;
(c)
may require the person to pay a sum representing the reasonable
expenses of any remedial steps taken, or to be taken, by the
10
enforcement authority or the appropriate licensing authority (whether
or not under section 103);
(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 steps” means steps taken (or to be
15
taken)—
(a)
in consequence of the carrying on of the activity in respect of which the
notice is issued,
(b)
for any of the purposes mentioned in subsection (9).
(9)
The purposes are—
20
(a)
protecting the environment;
(b)
protecting human health;
(c)
preventing interference with legitimate uses of the sea.
89
Further provision as to enforcement notices
(1)
A compliance notice or remediation notice—
25
(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)
The appropriate enforcement authority may by a further notice—
30
(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 87(5)(c) or, as the case may
be, section 88(7)(d).
(3)
A person who fails to comply with—
35
(a)
a compliance notice, or
(b)
a remediation notice,

commits an offence.
(4)
A person guilty of an offence under subsection (3) is liable—
(a)
on summary conviction, to a fine not exceeding £50,000;
40
(b)
on conviction on indictment, to a fine or to imprisonment for a term not
exceeding two years or to both.
(5)
A sum specified in a remediation notice by virtue of section 88(7)(c) is
recoverable as a civil debt.