Marine and Coastal Access Bill [HL]

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House of Lords

Session 2008 - 09
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Marine and Coastal Access Bill [HL]

Marine and Coastal Access Bill [HL]

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Environment, Food
and Rural Affairs, are published separately as HL Bill 1—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Lord Hunt of Kings Heath has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:
In my view the provisions of the Marine and Coastal Access Bill [HL] are compatible
with the Convention rights.

HL Bill 1
54/4

Marine and Coastal Access Bill [HL]

Contents
Part 1
The Marine Management Organisation
Chapter 1
Establishment
1
The Marine Management Organisation
2
General objective
3
Management
Chapter 2
Transfer of functions to the MMO
Sea Fish (Conservation) Act 1967
4
Licensing of fishing boats
5
Restrictions on time spent at sea: appeals
6
Trans-shipment licences for vessels
7
Regulations supplementary to sections 4 and 4A
8
Exemptions for operations for scientific and other purposes
Nature conservation
9
Licences to kill or take seals
10
Wildlife and Countryside Act 1981
11
Sea Fisheries (Wildlife Conservation) Act 1992
Generating and renewable energy installations
12
Certain consents under Electricity Act 1989
13
Safety zones: functions under section 95 of the Energy Act 2004

HL Bill 1
54/4

Marine and Coastal Access Bill [HL]
ii

Chapter 3
Flexible administrative arrangements involving the MMO
Powers to enter into agreements
14
Agreements between the Secretary of State and the MMO
15
Agreement between the MMO and eligible bodies
16
Eligible bodies
17
Non-delegable functions
18
Maximum duration of agreement
Supplementary provisions
19
Particular powers
20
Agreements with local authorities
21
Supplementary provisions with respect to agreements
22
Interpretation
Chapter 4
Miscellaneous, general and supplemental provisions
General powers and duties
23
Research
24
Advice, assistance and training facilities
25
Provision of information etc
26
Power to charge for services
27
Provision of information by the MMO to the Secretary of State
28
Power to bring proceedings
29
Incidental powers
Financial provisions
30
Grants
31
Borrowing powers
32
Limit on borrowing
33
Government loans
34
Government guarantees
Directions and guidance
35
Directions by the Secretary of State
36
Guidance by the Secretary of State
Transfer schemes etc
37
Transfer schemes
38
Interim arrangements

Marine and Coastal Access Bill [HL]
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Part 2
Exclusive economic zone, UK marine area and Welsh zone
39
Exclusive economic zone
40
UK marine area
41
Welsh zone
Part 3
Marine planning
Chapter 1
Marine policy statements
42
Marine policy statements
43
Preparation and coming into force of statement
44
Review of statement
45
Amendment of statement
46
Withdrawal of, or from, statement
Chapter 2
Marine plans
47
Marine planning regions
48
Marine plan authorities
49
Marine plans for marine plan areas
50
Amendment of marine plan
51
Withdrawal of marine plan
52
Duty to keep relevant matters under review
Chapter 3
Delegation of functions relating to marine plans
53
Delegation of functions relating to marine plans
54
Directions under section 53 : supplementary provisions
55
Directions to public bodies as regards performance of delegated functions
Chapter 4
Implementation and effect
Decisions affected by an MPS or marine plan
56
Decisions affected by marine policy documents
57
The appropriate marine policy documents
Monitoring and reporting
58
Monitoring of, and periodical reporting on, implementation

Marine and Coastal Access Bill [HL]
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Chapter 5
Miscellaneous and general provisions
Validity of documents under this Part
59
Validity of marine policy statements and marine plans
60
Powers of the court on an application under section 59
Interpretation and Crown application
61
Interpretation and Crown application of this Part
Part 4
Marine licensing
Chapter 1
Marine licences
62
Requirement for licence
63
Licensable marine activities
64
Applications
65
Notice of applications
66
Determination of applications
67
Inquiries
68
Licences
69
Variation, suspension, revocation and transfer
70
Appeals against licensing decisions
Chapter 2
Exemptions and special cases
Exemptions
71
Exemptions specified by order
72
Exemptions for certain dredging etc activities
73
Dredging in the Scottish zone
74
Oil and gas activities and carbon dioxide storage
Special provisions in certain cases
75
Special procedure for applications relating to harbour works
76
Special procedure for applications relating to certain electricity works
77
Electronic communications apparatus
78
Submarine cables on the continental shelf
79
Structures in, over or under a main river
80
Requirements for Admiralty consent under local legislation
81
Byelaws for flood defence and drainage purposes

Marine and Coastal Access Bill [HL]
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Chapter 3
Enforcement
Offences
82
Breach of requirement for, or conditions of, a licence
83
Action taken in an emergency
84
Electronic communications: emergency works
85
Activity licensed by another State
86
Information
Enforcement notices
87
Compliance notice
88
Remediation notice
89
Further provision as to enforcement notices
Civil sanctions
90
Fixed monetary penalties
91
Fixed monetary penalties: procedure
92
Variable monetary penalties
93
Variable monetary penalties: procedure
94
Further provision about civil sanctions
Chapter 4
Delegation
95
Delegation of functions relating to marine licensing
96
Orders under section 95 : supplementary provisions
97
Directions to persons as regards performance of delegated functions
Chapter 5
Supplementary
Register
98
Register
Stop notices and emergency safety notices
99
Notice to stop activity causing serious harm etc
100
Further provision as to stop notices
101
Imposition of safety requirements where stop notice is in force
102
Further provision as to emergency safety notices
Other powers
103
Power to take remedial action
104
Power to test, and charge for testing, certain substances

© Parliamentary copyright 2008
Revised 5 December 2008