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
65

Interpretation
110
The appropriate licensing authority
(1)
This section has effect for determining who is the appropriate licensing
authority for any area (and any licensable marine activity carried on in that
area).
5
(2)
In relation to the Scottish offshore region, the appropriate licensing authority
is—
(a)
the Secretary of State, as respects anything done in the course of
carrying on an activity falling within subsection (3);
(b)
except as provided by paragraph (a), the Scottish Ministers.
10
(3)
The activities are—
(a)
any activity relating to a matter which is a reserved matter by virtue of
Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46)
(but see also section 74 above (this Part not to apply to certain oil and
gas etc activities));
15
(b)
any activity relating to a matter which is a reserved matter by virtue of
paragraph 9 in Part 1 of that Schedule (defence);
(c)
any activity falling within the subject matter of Part 6 of the Merchant
Shipping Act 1995 (pollution etc).
(4)
In relation to Wales and the Welsh inshore region, the appropriate licensing
20
authority is—
(a)
the Secretary of State, as respects anything done in the course of
carrying on an activity falling within subsection (5);
(b)
except as provided by paragraph (a), the Welsh Ministers.
(5)
The activities are—
25
(a)
any activity concerning or arising from the exploration for, or
production of, petroleum (but see also section 74 (this Part not to apply
to certain oil and gas etc activities));
(b)
any defence activity other than an excepted activity.

Subsection (9) supplements this subsection.
30
(6)
In relation to Northern Ireland and the Northern Ireland inshore region, the
appropriate licensing authority is—
(a)
the Secretary of State, as respects anything done in the course of
carrying on an activity falling within subsection (7);
(b)
except as provided by paragraph (a), the Department of the
35
Environment in Northern Ireland.
(7)
The activities are any activities which relate to a matter which is an excepted
matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998
(defence of the realm etc).
(8)
In relation to any area not mentioned in subsection (2), (4) or (6), the
40
appropriate licensing authority is the Secretary of State.
(9)
In subsection (5)—
“defence activity” means any activity relating to—
(a)
the defence of the realm;

Marine and Coastal Access Bill [HL]
Part 4 — Marine licensing
Chapter 5 — Supplementary
66

(b)
the naval, military or air forces of the Crown, including reserve
forces;
(c)
visiting forces;
(d)
international headquarters and defence organisations;
(e)
trading with the enemy and enemy property;
5
“excepted activity” means—
(a)
the exercise of civil defence functions by any person otherwise
than as a member of—
(i)
any force or organisation referred to in paragraph (b) to
(d) of the definition of “defence activity”, or
10
(ii)
any other force or organisation established or
maintained for the purposes of, or for purposes
connected with, the defence of the realm;
(b)
the exercise of enforcement powers in relation to sea fishing.
“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998
15
(c. 17) (see section 28(1) of that Act).
111
The appropriate enforcement authority
(1)
This section has effect for determining who is the appropriate enforcement
authority for any area.
(2)
For the purposes of sections 87 to 94, 99 and 101 the appropriate enforcement
20
authority for any area is the appropriate licensing authority for that area.
(3)
For the purposes of sections 87, 89 (so far as relating to section 87), 99 and 101
each of the following persons is also an appropriate enforcement authority—
(a)
in relation to the relevant enforcement area (within the meaning of
section 226), any marine enforcement officer;
25
(b)
in relation to the relevant enforcement area (within the meaning of
section 230), any person appointed under section 230;
(c)
in relation to Northern Ireland and the Northern Ireland inshore
region, any person appointed under section 231;
(d)
in relation to the Scottish offshore region, any person appointed under
30
section 232.
(4)
A person is an appropriate enforcement authority by virtue of subsection (3)
only to the extent that the person may exercise powers for the purposes of
enforcing this Part.
112
Interpretation of this Part
35
(1)
In this Part—
“the appropriate licensing authority” has the meaning given by section
110;
“the appropriate enforcement authority” has the meaning given by
section 111;
40
“British aircraft” means an aircraft registered in the United Kingdom;
“British vessel” means a vessel—
(a)
which is a British ship within the meaning of the Merchant
Shipping Act 1995 (c. 21), or
(b)
which is exempt from registration under section 294 of that Act,
45

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
67

but does not include a ship registered under the law of any of the
Channel Islands;
“British marine structure” means a marine structure owned by or leased
to an individual residing in, or a body corporate incorporated under the
law of, any part of the United Kingdom;
5
“compliance notice” means a notice issued under section 87;
“emergency safety notice” means a notice under section 101;
“fixed monetary penalty” has the meaning given by section 90(3);
“marine licence” means a licence granted under this Part;
“licensing authority” means—
10
(a)
the Secretary of State;
(b)
the Welsh Ministers;
(c)
the Scottish Ministers;
(d)
the Department of the Environment in Northern Ireland;
“marine structure” means a platform or other artificial structure at sea,
15
other than a pipeline;
“remediation notice” means a notice issued under section 88;
“stop notice” means a notice issued under section 99;
“the UK marine licensing area” has the meaning given by section 63(4);
“variable monetary penalty” has the meaning given by section 92(3);
20
“vessel” includes—
(a)
hovercraft, and
(b)
any other craft capable of travelling on, in or under water,
whether or not self-propelled.
(2)
In this Part any reference to the environment includes a reference to any site
25
(including any site comprising, or comprising the remains of, any vessel,
aircraft or marine structure) which is of historic or archaeological interest.
Part 5
Nature conservation
Chapter 1
30
Marine conservation zones
Designation of zones
113
Marine conservation zones
(1)
The appropriate authority may by order designate any area falling within
subsection (2) as a marine conservation zone (an “MCZ”).
35

Section 114 sets out the grounds on which such an order may be made.
(2)
An area falls within this subsection if—
(a)
it is an area of the sea within the seaward limits of the territorial sea
adjacent to the United Kingdom;
(b)
it is an area of the sea within the limits of the exclusive economic zone;
40

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
68

(c)
it is an area of the sea bed or subsoil within the limits of the UK sector
of the continental shelf (so far as not falling within an area mentioned
in paragraph (b)).
(3)
But an area does not fall within subsection (2) if it is in—
(a)
the Scottish inshore region, or
5
(b)
the Northern Ireland inshore region.
(4)
Section 115 makes further provision as to the areas that may be included in an
MCZ.
(5)
For the purposes of this Chapter the appropriate authority is—
(a)
in relation to an area in Wales, the Welsh Ministers;
10
(b)
in relation to an area in the Scottish offshore region, the Scottish
Ministers;
(c)
in any other case, the Secretary of State.
(6)
The Scottish Ministers may not designate any area as an MCZ without the
agreement of the Secretary of State.
15
(7)
An MCZ designated by the Scottish Ministers under this section is to be known
as a marine protected area.

Any reference in this Act to an MCZ is, in relation to an MCZ designated by the
Scottish Ministers, to be read as a reference to a marine protected area.
114
Grounds for designation of MCZs
20
(1)
The appropriate authority may make an order under section 113 if it thinks that
it is desirable to do so for the purpose of conserving—
(a)
marine flora or fauna;
(b)
marine habitats or types of marine habitat;
(c)
features of geological or geomorphological interest.
25
(2)
The order must state—
(a)
the protected feature or features;
(b)
the conservation objectives for the MCZ.
(3)
Any reference in this Chapter to the conservation objectives stated for an MCZ
is a reference to the conservation objectives stated for the MCZ under
30
subsection (2)(b).
(4)
The reference in subsection (1)(a) to conserving marine flora or fauna includes,
in particular, a reference to conserving any species that is rare or threatened
because of—
(a)
the limited number of individuals of that species, or
35
(b)
the limited number of locations in which that species is present.
(5)
The references in subsection (1)(a) and (b) to conserving marine flora or fauna
or habitat include references to conserving the diversity of such flora, fauna or
habitat, whether or not any or all of them are rare or threatened.
(6)
Any reference to conserving a thing includes references to—
40
(a)
assisting in its conservation;
(b)
enabling or facilitating its recovery or increase.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(7)
In considering whether it is desirable to designate an area as an MCZ, the
appropriate authority may have regard to any economic or social
consequences of doing so.
115
Further provision as to orders designating MCZs
(1)
An order under section 113 must identify the boundaries of the area
5
designated.
(2)
The boundary of an MCZ may be determined by, or by reference to, mean high
water spring tide.
(3)
Any reference in subsection (2)(a) or (b) of section 113 to an area of sea includes
a reference to any island in the sea, whether or not any part of it lies above
10
mean high water spring tide.
(4)
If an MCZ includes an area falling within subsection (2)(a) of section 113 (“area
A”), it may also include an area of the seashore lying above mean high water
spring tide (“area B”) if—
(a)
area B adjoins area A, and
15
(b)
any of the conditions in subsection (5) is satisfied.
(5)
The conditions are—
(a)
that the protected feature or features leading to the designation of area
A is or are also present in area B;
(b)
that area A is designated for the purpose of conserving marine flora or
20
fauna which are dependent (wholly or in part) on anything which takes
place in, or is present in, area B;
(c)
that, without the inclusion of area B, the identification of the boundary
of the MCZ (either in the order designating the area or on the ground
for the purposes of exercising functions in relation to it) would be
25
impossible or impracticable.
(6)
An order under section 113—
(a)
must designate an area of land (whether or not that land is covered by
water), and
(b)
in the case of an area falling within subsection (2)(a) or (b) of that
30
section, may designate some or all of the water covering that land.
116
Consultation before designation
(1)
Before making an order under section 113, the appropriate authority must
comply with subsections (2) to (9).

This is subject to subsection (10).
35
(2)
The appropriate authority must publish notice of its proposal to make the
order.
(3)
The notice under subsection (2) must—
(a)
be published in such manner as the appropriate authority thinks is
most likely to bring the proposal to the attention of any persons who
40
are likely to be affected by the making of the order;
(b)
contain a statement of the terms of the proposed order.

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
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(4)
The appropriate authority must consult any persons who the appropriate
authority thinks are likely to be interested in, or affected by, the making of the
order.
(5)
Where the appropriate authority is not the Secretary of State, the authority
must consult the Secretary of State.
5
(6)
If the appropriate authority for an area other than Wales considers that—
(a)
the making of the order may affect any activity which is or may be
carried on in the Welsh zone, or
(b)
any activity which is or may be carried on in the Welsh zone may affect
any part of the proposed MCZ,
10

the authority must consult the Welsh Ministers.
(7)
If the appropriate authority for an area other than the Scottish offshore region
considers that—
(a)
the making of the order may affect any activity which is or may be
carried on in the Scottish zone, or
15
(b)
any activity which is or may be carried on in the Scottish zone may
affect any part of the proposed MCZ,

the authority must consult the Scottish Ministers.
(8)
If the appropriate authority considers that—
(a)
the making of the order may affect any activity which is or may be
20
carried on in the Northern Ireland zone, or
(b)
any activity which is or may be carried on in the Northern Ireland zone
may affect any part of the proposed MCZ,

the authority must consult the Department of the Environment in Northern
Ireland.
25
(9)
The Secretary of State must consult—
(a)
the Welsh Ministers, if any part of the proposed MCZ lies in the Welsh
offshore region;
(b)
the Department of the Environment in Northern Ireland, if any part of
the proposed MCZ lies in the Northern Ireland zone.
30
(10)
In a case where the appropriate authority thinks that there is an urgent need to
protect the area proposed to be designated, the authority need not comply with
subsections (2) to (4).
(11)
In such a case, the order designating the area as an MCZ remains in force for a
period not exceeding two years, unless the appropriate authority makes a
35
further order before the end of that period confirming the designation.

Before making such an order, the appropriate authority must comply with
subsections (2) to (9).
117
Hearings by appropriate authority
(1)
This section applies where the appropriate authority has the function of
40
deciding whether to make an order under section 113 designating an area as an
MCZ.
(2)
The authority may, before making that decision, give to any person the
opportunity of—

Marine and Coastal Access Bill [HL]
Part 5 — Nature conservation
Chapter 1 — Marine conservation zones
71

(a)
appearing before and being heard by a person appointed for that
purpose;
(b)
providing written representations to such a person.
(3)
The authority may make regulations providing for the procedure to be
followed (including decisions as to costs) at hearings held under subsection (2).
5
(4)
A person appointed under subsection (2) must make a report to the authority
of any oral or written representations made under that subsection.
118
Amendment, revocation and review of orders designating MCZs
(1)
An order under section 113 may be amended or revoked by a further order.
(2)
The appropriate authority for an area must review any order it has made under
10
section 113 if the authority receives representations from—
(a)
the appropriate authority for another area, or
(b)
the Department of the Environment in Northern Ireland,

that the order should be amended or revoked.
Duties relating to network
15
119
Creation of network of conservation sites
(1)
The appropriate authority must exercise the power conferred by section 113
(power to designate areas as MCZs) so as to contribute to the achievement of
the objective in subsection (2).
(2)
The objective is that the MCZs designated by the appropriate authority, taken
20
together with any other MCZs designated under section 113 and any European
marine sites that have been established in the UK marine area, form a network
which satisfies the conditions in subsection (3).
(3)
The conditions are—
(a)
that the network contributes to the conservation or improvement of the
25
marine environment in the UK marine area;
(b)
that the features which are protected by the sites comprised in the
network represent the range of features present in the UK marine area;
(c)
that the designation of sites comprised in the network reflects the fact
that the conservation of a feature may require the designation of more
30
than one site.
(4)
In exercising the power conferred by section 113 so as to comply with the duty
imposed by subsection (1) above, the appropriate authority must have regard
to any obligations under EU or international law that relate to the conservation
or improvement of the marine environment.
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(5)
In this section—
“European marine site” means any site which is—
(a)
a European marine site within the meaning of the Conservation
(Natural Habitats, &c) Regulations 1994 (S.I. 1994/2716), or
(b)
a European offshore marine site within the meaning of the
40
Offshore Marine Conservation (Natural Habitats, &c)
Regulations 2007 (S.I. 2007/1842);