Marine and Coastal Access Bill [HL]
[AS AMENDED IN COMMITTEE]
Contents
Part 1
The Marine Management Organisation
Chapter 1
Establishment
1
2
General objective
3
Performance
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 section 36 of the Electricity Act 1989
13
Safety zones: functions under section 95 of the Energy Act 2004
HL Bill 38
54/4
ii
Chapter 3
Agreements involving the MMO for the exercise of functions
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 certain harbour authorities
21
Supplementary provisions with respect to agreements
22
Interpretation of this Chapter
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
iii
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
Marine policy statement
42
43
Preparation and coming into effect of statement
44
Review of statement
45
Amendment of statement
46
Withdrawal of, or from, statement
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
Delegation of functions relating to marine plans
53
54
Directions under section 53: supplementary provisions
55
Directions to public bodies as regards performance of delegated functions
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
iv
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
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
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
v
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
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
Supplementary
Register
98
Stop notices and emergency safety notices
99
Notice to stop activity causing serious harm etc
100
Further provision as to stop notices
101
Emergency safety notices
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
vi
Appeals against notices under this Part
105
Appeals against notices
Offences: supplementary provision
106
General defence of due diligence
107
Offences: jurisdiction
Application to the Crown
108
Consequential and transitional provision
109
Amendments and transitional provision
Interpretation
110
The appropriate licensing authority
111
Meaning of “enforcement authority”
112
Interpretation of this Part
Part 5
Marine conservation zones
Designation of zones
113
114
Grounds for designation of MCZs
115
Further provision as to orders designating MCZs
116
Consultation before designation
117
Hearings by appropriate authority
118
Amendment, revocation and review of orders designating MCZs
Duties relating to network
119
Creation of network of conservation sites
120
Report
Duties of public authorities
121
General duties of public authorities in relation to MCZs
122
Duties of public authorities in relation to certain decisions
123
Advice and guidance by conservation bodies
124
Failure to comply with duties etc
Byelaws for protection of MCZs etc: England
125
Byelaws for protection of MCZs in England
vii
126
Byelaws: procedure
127
Emergency byelaws
128
Interim byelaws
129
Further provision as to byelaws
Orders for protection of MCZs etc: Wales
130
Orders for protection of MCZs in Wales
131
Consultation etc regarding orders under section 130
132
Interim orders
133
Further provision as to orders made under section 130 or 132
Hearings
134
Hearings by Secretary of State or Welsh Ministers
135
Offence of contravening byelaws or orders
136
Offence of damaging etc protected features of MCZs
137
Exceptions to offences under section 135 or 136
138
139
140
Further provision about fixed monetary penalties
Miscellaneous and supplemental
141
142
143
Other conservation sites
144
Marine boundaries of SSSIs and national nature reserves
Part 6
Management of inshore fisheries
Inshore fisheries and conservation authorities
Inshore fisheries and conservation districts and authorities
145
Establishment of inshore fisheries and conservation districts
146
147
Membership and proceedings of IFC authorities
148
Amendment or revocation of orders under section 145