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 5 — Supplementary
60

(a)
ceases to have effect at the end of the period of 7 days (or such shorter
period as may be specified in the notice) beginning with the date on
which the prohibition takes effect, but
(b)
may be renewed for a period specified in a further notice.
(8)
A stop notice may be renewed more than once under subsection (7)(b), but not
5
so that it has effect for an aggregate period exceeding 35 days.
(9)
If a stop notice relating to a licensable marine activity is issued to a person who
does not hold a marine licence authorising that activity, the stop notice may
remain in force until such time (if any) as such a licence is granted to that
person.
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100
Further provision as to stop notices
(1)
Any stop notice issued by an enforcement authority—
(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
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be served on the licensee.
(2)
The appropriate enforcement authority may by a further notice—
(a)
revoke a stop notice;
(b)
vary a stop notice so as to substitute a later date for the date specified
in accordance with section 99(6)(b).
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(3)
A person who fails to comply with a stop 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;
(b)
on conviction on indictment, to a fine or to imprisonment for a term not
exceeding two years or to both.
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101
Imposition of safety requirements where stop notice is in force
(1)
This section applies in any case where a stop notice is in effect.
(2)
If it appears to the enforcement authority that serious interference with
legitimate uses of the sea is occurring, or is likely to occur, as a result of the
activity to which the stop notice relates, the enforcement authority may issue a
30
notice (an “emergency safety notice”) to the person to whom the stop notice
was issued.
(3)
By issuing an emergency safety notice to a person, the enforcement authority
imposes on that person such requirements as are prescribed in the notice with
respect to any of the matters specified in subsection (4).
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(4)
Those matters are—
(a)
the provision of lights, signals or other aids to navigation,
(b)
the stationing of guard ships.
(5)
An emergency safety notice may be issued to a person by the enforcement
authority whether or not—
40
(a)
the stop notice has been complied with, or
(b)
any condition was included in a marine licence issued to the person
with respect to any of the matters referred to in subsection (4).]

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 5 — Supplementary
61

(6)
An emergency safety notice (in addition to specifying the requirements which
it imposes)—
(a)
must state the enforcement authority’s grounds for believing that
serious interference with legitimate uses of the sea is occurring, or is
likely to occur, as a result of the activity to which the stop notice relates,
5
(b)
must state the date and time from which the requirements are to take
effect (which may be a time on the date of the notice but must allow a
period for compliance which is reasonable in all the circumstances of
the case), and;
(c)
may require the person to take such steps as the authority considers
10
appropriate to ensure that compliance with the requirements takes
place safely.
(7)
Except in a case falling within subsection (8), an emergency safety notice —
(a)
ceases to have effect at the end of the period of 7 days (or such shorter
period as may be specified in the notice) beginning with the date on
15
which the requirements in the notice take effect, but
(b)
may be renewed for a period specified in a further notice.
(8)
An emergency safety notice may be renewed more than once under subsection
(7)(b), but not so that it has effect for an aggregate period exceeding 35 days.
(9)
If an emergency safety notice is issued to a person who does not hold a marine
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licence authorising the activity to which the stop notice relates, the emergency
safety notice may remain in force until such time (if any) as such a licence is
granted to that person.
102
Further provision as to emergency safety notices
(1)
Any emergency safety notice issued by an enforcement authority must be
25
served on the person or persons on whom the stop notice to which it relates
was served.
(2)
The appropriate enforcement authority may by a further notice—
(a)
revoke an emergency safety notice;
(b)
vary an emergency safety notice so as to substitute a later date for the
30
date specified in accordance with section 101(6)(b).
(3)
A person who fails to comply with an emergency safety 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;
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(b)
on conviction on indictment, to a fine or to imprisonment for a term not
exceeding two years or to both.
Other powers
103
Power to take remedial action
(1)
This section applies if it appears to the appropriate licensing authority for an
40
area that a licensable marine activity has been carried on in its area otherwise
than under a licence and in accordance with its conditions.

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 5 — Supplementary
62

(2)
The authority may carry out any works that appear to it to be necessary or
expedient for the purpose of—
(a)
protecting the environment;
(b)
protecting human health;
(c)
preventing interference with legitimate uses of the sea.
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104
Power to test, and charge for testing, certain substances
(1)
A licensing authority may, at the request of any person, conduct tests for the
purpose of ascertaining the probable effect on the marine environment of using
any of the following substances—
(a)
any marine chemical treatment substance;
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(b)
any marine oil treatment substance;
(c)
any marine surface fouling cleaner.
(2)
In this section—
“marine chemical treatment substance” means any substance used or
intended to be used for treating chemicals—
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(a)
on the surface of the sea or of the sea bed;
(b)
in the case of a wash-off substance, on any surface of a marine
structure;
“marine oil treatment substance” means any substance used or intended
to be used for treating oil on the surface of the sea;
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“marine surface fouling cleaner” means any substance used or intended
to be used for removing surface fouling matter—
(a)
from the surface of the sea or of the sea bed;
(b)
in the case of a wash-off substance, from any surface of a marine
structure or vessel at times when the structure or vessel is in the
25
sea or on the sea bed;
“surface fouling matter” means any fouling, and includes, in particular,—
(a)
any algae;
(b)
any surface oil or chemical residue;
“surface oil or chemical residue” means any residual matter on a surface
30
after the removal, or substantial removal, of any oil or chemical
(whether by natural processes, or by treatment, or in any other way);
“wash-off substance”, in relation to a marine structure or vessel, means
any substance which, if used on a surface of the marine structure or
vessel, will or might (whether in whole or to a significant extent)—
35
(a)
be removed from that surface, and
(b)
be deposited in the sea,
whether by natural processes, or by treatment, or in any other way.
(3)
A licensing authority may recover any expenses reasonably incurred in
conducting any tests under subsection (1) from any person at whose request
40
those tests were conducted.

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 5 — Supplementary
63

Appeals against notices under this Part
105
Appeals against notices
(1)
The appropriate licensing authority must by regulations make provision for
any person to whom a notice is issued under section 69, 87, 88, 99 or 101 to
appeal against that notice.
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(2)
The regulations required by subsection (1) must come into force on the day on
which this Part comes into force.
(3)
Regulations under this section may include—
(a)
provision as to the procedure to be followed with respect to an appeal;
(b)
provision suspending the notice pending determination of the appeal;
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(c)
provision as to the powers of any person to whom the appeal is made;
(d)
provision as to how any sum payable in pursuance of a decision of that
person is to be recoverable.
Offences: supplementary provision
106
General defence of due diligence
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(1)
In any proceedings for an offence under this Part, it is a defence for the person
charged (“the defendant”) to prove that the defendant took all reasonable
precautions and exercised all due diligence to avoid the commission of the
offence.
(2)
The defence provided by subsection (1) is to be taken to be established if the
20
defendant—
(a)
acted under an employer’s instructions,
(b)
did not know and had no reason to suppose that the acts done
constituted a contravention of the provision in question, and
(c)
took all such steps as reasonably could be taken to ensure that no
25
offence would be committed.
(3)
The defence provided by subsection (1) is to be taken to be established if the
defendant—
(a)
acted in reliance on information supplied by another person,
(b)
did not know and had no reason to suppose that the information was
30
false or misleading, and
(c)
took all such steps as reasonably could be taken to ensure that no
offence would be committed.
(4)
Subsections (2) and (3) do not affect the generality of subsection (1).
(5)
If in any case the defence provided by subsection (1) involves the allegation
35
that the commission of the offence was due to—
(a)
an act or default of another person (other than the giving of instructions
to the defendant by an employer), or
(b)
reliance on information supplied by another person,

the defendant is not, without leave of the court, be entitled to rely on that
40
defence unless the requirement in subsection (6) is satisfied.
(6)
The requirement is that—

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 5 — Supplementary
64

(a)
at least seven clear days before the hearing, and
(b)
if the defendant has previously appeared before a court in connection
with the alleged offence, within one month of the first such appearance,

the defendant has served on the prosecutor a notice giving such information
identifying or assisting in the identification of that other person as was then in
5
the defendant’s possession.
107
Offences: jurisdiction
Proceedings for an offence under this Part may be taken, and the offence may
for all incidental purposes be treated as having been committed, in any part of
the United Kingdom.
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Application to the Crown
108
Application to the Crown
(1)
The provisions of this Part bind the Crown.

This is subject to the following provisions of this section.
(2)
No contravention by the Crown of any provision of this Part is to make the
15
Crown criminally liable; but the High Court or, in Scotland, the Court of
Session may, on the application of the appropriate licensing authority or any
other authority charged with enforcing that provision, declare unlawful any
act or omission of the Crown which constitutes such a contravention.
(3)
Despite subsection (2), the provisions of this Part apply to persons in the public
20
service of the Crown as they apply to other persons.
(4)
The Secretary of State may certify that it appears to the Secretary of State that,
as respects—
(a)
any Crown land specified in the certificate, and
(b)
any powers of entry so specified which are exercisable in relation to
25
that land,

it is requisite or expedient that, in the interests of national security, the powers
should not be exercisable in relation to the land.
(5)
If the Secretary of State issues a certificate under subsection (4), the powers
specified in the certificate shall not be exercisable in relation to the land so
30
specified.
(6)
For the purposes of subsection (4) “Crown land” means land held or used by
or on behalf of the Crown.
(7)
Nothing in this section is to be taken as in any way affecting Her Majesty in her
private capacity or in right of Her Duchy of Lancaster, or the Duke of Cornwall.
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Consequential and transitional provision
109
Amendments and transitional provision
(1)
Schedule 8 (which makes minor and consequential amendments) has effect.
(2)
Schedule 9 (which makes transitional provision) has effect.