Legalize / United Kingdom / Public General Act

Marine and Coastal Access Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

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(c) if a devolved policy authority has adopted the MPS, the devolved policy authority and any primary devolved authority related to it;

(d) any non-departmental public authority, so far as carrying out functions in relation to the English inshore region or the English offshore region;

(e) any non-departmental public authority, so far as carrying out retained functions in relation to a devolved marine planning region;

(f) any non-departmental public authority, so far as carrying out secondary devolved functions in relation to a marine planning region whose marine plan authority is a policy authority which adopted the MPS.

(6) For the purposes of subsection (5)(f)—

(a) the Scottish Ministers are to be treated as if they were the marine plan authority for the Scottish inshore region, and

(b) the Department of the Environment in Northern Ireland is to be treated as if it were the marine plan authority for the Northern Ireland inshore region.

(7) In this section—

“adopted”, in relation to an MPS, means adopted and published in accordance with Schedule 5 (but see also section 48(4));

“Counsel General” means the Counsel General to the Welsh Assembly Government;

“devolved marine planning region” means any marine planning region other than—the English inshore region, andthe English offshore region;

“devolved policy authority” means—the Scottish Ministers;the Welsh Ministers;the Department of the Environment in Northern Ireland;

“First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);

“non-departmental public authority” means any public authority other than—a Minister of the Crown or government department;the Scottish Ministers;the Welsh Ministers, the First Minister or the Counsel General;a Northern Ireland Minister or a Northern Ireland department;

“Northern Ireland Minister”—has the same meaning as in the Northern Ireland Act 1998 (c. 47), butincludes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

“primary devolved authority”, in relation to a devolved policy authority, means—in the case of the Welsh Ministers, the First Minister or the Counsel General;in the case of the Department of the Environment in Northern Ireland, a Northern Ireland Minister or a Northern Ireland department;

“retained functions” is defined for the purposes of this Part in section 60;

“secondary devolved functions” has the same meaning as in section 60.

Meaning of “retained functions” etc

60

(1) For the purposes of this Part, the functions of a public authority which are “retained functions” as respects any marine planning region are those functions of the public authority which, as respects that region, are not any of the following—

(a) Scottish Ministerial functions (see subsection (2));

(b) Welsh Ministerial functions (see subsection (2));

(d) secondary devolved functions (see subsection (3));

(e) relevant ancillary functions (see subsection (5)).

(2) In this section—

“Northern Ireland government functions” means—any functions exercisable by a Northern Ireland Minister or a Northern Ireland department, other than joint functions and concurrent functions (see subsection (9));any concurrent functions, so far as exercised by a Northern Ireland Minister or a Northern Ireland department;the function exercised by a Northern Ireland Minister or a Northern Ireland department when exercising a joint function;

“Scottish Ministerial functions” means—any functions exercisable by the Scottish Ministers, other than joint functions and concurrent functions;any concurrent functions, so far as exercised by the Scottish Ministers;the function exercised by the Scottish Ministers when exercising a joint function;

“Welsh Ministerial functions” means—any functions exercisable by the Welsh Ministers, the First Minister or the Counsel General, other than joint functions and concurrent functions;any concurrent functions, so far as exercised by the Welsh Ministers, the First Minister or the Counsel General;the function exercised by the Welsh Ministers, the First Minister or the Counsel General when exercising a joint function.

(3) “Secondary devolved functions” means—

(a) as respects the Scottish inshore region or the Scottish offshore region, any secondary devolved Scottish functions;

(b) as respects the Welsh inshore region or the Welsh offshore region, any secondary devolved Welsh functions;

(c) as respects the Northern Ireland inshore region or the Northern Ireland offshore region, any secondary devolved Northern Ireland functions.

See subsection (4) for the definition of each of those descriptions of secondary devolved functions.

(4) In this section—

“secondary devolved Northern Ireland functions” means any of the following—any functions exercisable by a Northern Ireland non-departmental public authority;any functions exercisable by any other non-departmental public authority, so far as relating to transferred or reserved matters (within the meaning of the Northern Ireland Act 1998 (c. 47));

“secondary devolved Scottish functions” means any of the following—any functions exercisable by a Scottish non-departmental public authority;any functions exercisable by any other non-departmental public authority, so far as not relating to reserved matters (within the meaning of the Scotland Act 1998 (c. 46));

“secondary devolved Welsh functions” means any of the following—any functions exercisable by a Welsh non-departmental public authority;any functions conferred or imposed on a non-departmental public authority by or under a Measure or Act of the National Assembly for Wales;any functions exercisable by a non-departmental public authority, so far as they are capable of being conferred by provision falling within the legislative competence of the National Assembly for Wales;

but the definitions in this subsection are subject to subsection (6) (which excludes certain functions in relation to which functions are exercisable by a Minister of the Crown or government department).

(5) “Relevant ancillary functions” means any functions exercisable by a non-departmental public authority in relation to any of the following—

(a) a Scottish Ministerial function;

(b) a Welsh Ministerial function;

(d) a secondary devolved function;

but this subsection is subject to subsection (6).

(6) Where functions are exercisable by a Minister of the Crown or government department in relation to a function of a non-departmental public authority, the function of the non-departmental public authority is not—

(a) a secondary devolved Scottish function;

(b) a secondary devolved Welsh function;

(d) a relevant ancillary function;

but this subsection is subject to subsection (7).

(7) Functions are not to be regarded as exercisable by a Minister of the Crown or government department in relation to functions of a non-departmental public authority merely because—

(a) the agreement of a Minister of the Crown or government department is required to the exercise of a function of the non-departmental public authority;

(b) a Minister of the Crown or government department must be consulted by the non-departmental public authority, or by a primary devolved authority, about the exercise of a function of the non-departmental public authority;

(c) a Minister of the Crown or government department may exercise functions falling within subsection (8) in relation to functions of the non-departmental public authority.

(8) The functions mentioned in subsection (7)(c) are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) functions under section 58 of the Scotland Act 1998 (c. 46) (international obligations);

(c) functions under section 26 or 27 of the Northern Ireland Act 1998 (c. 47) (international obligations and quotas for international obligations);

(d) functions by virtue of section 80(3) of ... the Government of Wales Act 2006 (c. 32) (assimilated obligations) or under section 82 of that Act (international obligations etc);

(e) functions under section 152 of that Act (intervention in case of functions relating to water etc).

(9) In this section—

“concurrent function” means a function exercisable concurrently with a Minister of the Crown or government department;

“Counsel General” means the Counsel General to the Welsh Assembly Government;

“devolved policy authority” means—the Scottish Ministers;the Welsh Ministers;the Department of the Environment in Northern Ireland;

“First Minister” has the same meaning as in the Government of Wales Act 2006 (c. 32);

“joint function” means a function exercisable jointly with a Minister of the Crown or government department;

“non-departmental public authority” has the same meaning as in section 59;

“Northern Ireland Minister”—has the same meaning as in the Northern Ireland Act 1998 (c. 47), butincludes a reference to the First Minister and the deputy First Minister, within the meaning of that Act;

“Northern Ireland non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by a Northern Ireland Minister or a Northern Ireland department;

“primary devolved authority” means any of the following—the Scottish Ministers;the Welsh Ministers, the First Minister or the Counsel General;a Northern Ireland Minister or a Northern Ireland department;

“Scottish non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Scottish Ministers;

“Welsh non-departmental public authority” means any non-departmental public authority so far as exercising functions in relation to which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

Monitoring and reporting

Monitoring of, and periodical reporting on, implementation

61

(1) This section makes provision for and in connection with imposing the following duties on a marine plan authority—

(a) where it has prepared and adopted a marine plan, a duty to keep the matters specified in subsection (3) under review for so long as the marine plan is in effect (see subsections (2) and (3));

(b) in any such case, a duty to prepare and publish, and lay a copy of, a report on those matters at intervals of not more than 3 years (see subsections (4) to (9));

(c) in any case, a duty to prepare, and lay, at intervals of not more than 6 years ending before 1st January 2030, a report on—

(i) any marine plans it has prepared and adopted,

(ii) its intentions for their amendment, and

(iii) its intentions for the preparation and adoption of any further marine plans,

(see subsections (10) to (13)).

(2) For so long as a marine plan is in effect, the marine plan authority must keep under review each of the matters in subsection (3).

(3) The matters are—

(a) the effects of the policies in the marine plan;

(b) the effectiveness of those policies in securing that the objectives for which the marine plan was prepared and adopted are met;

(d) if an MPS governs marine planning for the marine plan authority's region, the progress being made towards securing that the objectives for which the MPS was prepared and adopted are met in that region.

(4) The marine plan authority must from time to time prepare and publish a report on the matters kept under review pursuant to subsection (2).

(5) Where the marine plan authority publishes a report under subsection (4), the authority must lay a copy of the report before the appropriate legislature.

(6) After publishing a report under subsection (4), the marine plan authority must decide whether or not to amend or replace the marine plan.

(7) The first report under subsection (4) must be published before the expiration of 3 years beginning with the date on which the marine plan was adopted.

(8) After the publication of the first report under subsection (4), successive reports under that subsection must be published at intervals of no more than 3 years following the date of publication of the previous report.

(9) Any reference in this section to the replacement of a marine plan is a reference to—

(a) preparing and adopting, in accordance with the provisions of this Part, a fresh marine plan (whether or not for the identical marine plan area), and

(b) if the marine plan authority has not already done so, withdrawing the marine plan that is to be replaced.

(10) Each marine plan authority must from time to time prepare and lay before the appropriate legislature a report which—

(a) identifies any marine plans which the authority has prepared and adopted;

(b) describes any intentions the authority may have for the amendment of any marine plans which it has prepared and adopted;

(11) The first report prepared under subsection (10) by each marine plan authority must be laid before the appropriate legislature before the expiration of the period of 6 years beginning with the date of the passing of this Act.

(12) After a marine plan authority has prepared and laid its first report under subsection (10), it must prepare and lay successive reports under that subsection at intervals of no more than 6 years following the laying of the previous report.

(13) No report under subsection (10) is required to be laid in a case where the period of 6 years following the laying of the previous report ends on or after 1st January 2030.

(14) For the purposes of this section, the “appropriate legislature” is—

(a) in the case of the Secretary of State, Parliament;

(b) in the case of the Scottish Ministers, the Scottish Parliament;

(d) in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.

Chapter 5 — Miscellaneous and general provisions

Validity of documents under this Part

Validity of marine policy statements and marine plans

62

(1) This section applies to—

(a) any MPS,

(b) any amendment of an MPS,

(d) any amendment of a marine plan.

(2) Anything falling within the paragraphs of subsection (1) is referred to in this section as a “relevant document”.

(3) A relevant document must not be questioned in any legal proceedings, except in so far as is provided by the following provisions of this section.

(4) A person aggrieved by a relevant document may make an application to the appropriate court on any of the following grounds—

(a) that the document is not within the appropriate powers;

(b) that a procedural requirement has not been complied with.

(5) Any such application must be made not later than 6 weeks after the publication of the relevant document.

(6) In this section—

“the appropriate court” means—the High Court, if the relevant document is a marine plan, or an amendment of a marine plan, for an area within the English inshore region or the Welsh inshore region;in any other case, any superior court in the United Kingdom;

“the appropriate powers” means—in the case of an MPS or an amendment of an MPS, the powers conferred by Chapter 1 of this Part;in the case of a marine plan or an amendment of a marine plan, the powers conferred by—Chapter 2 of this Part, orsection 55 (delegation);

“procedural requirement” means any requirement—under the appropriate powers, orin directions under section 55 or 57,which relates to the preparation, adoption or publication of a relevant document;

“superior court in the United Kingdom” means any of the following—the High Court;the Court of Session.

Powers of the court on an application under section 62

63

(1) This section applies in any case where an application under section 62 is made to a court.

(2) The court may make an interim order suspending the operation of the relevant document—

(a) wholly or in part,

(b) generally or as it affects a particular area.

An interim order has effect until the proceedings are finally determined.

(3) Subsection (4) applies if the court is satisfied as to any of the following—

(a) that a relevant document is to any extent outside the appropriate powers;

(b) that the interests of the applicant have been substantially prejudiced by failure to comply with a procedural requirement.

(4) The court may—

(a) quash the relevant document;

(b) remit the relevant document to a body or person with a function relating to its preparation, adoption or publication.

(5) If the court remits the relevant document under subsection (4)(b), it may give directions as to the action to be taken in relation to the relevant document.

(6) Directions under subsection (5) may in particular—

(a) require the relevant document to be treated (generally or for specified purposes) as not having been adopted or published;

(b) require specified steps in the process that has resulted in the adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken;

(c) require action to be taken by a body or person with a function relating to the preparation, adoption or publication of the document (whether or not the body or person to whom the document is remitted);

(d) require action to be taken by one body or person to depend on what action has been taken by another body or person.

(7) The court's powers under subsections (4) and (5) are exercisable in relation to the whole or any part of the relevant document.

(8) Expressions used in this section and in section 62 have the same meaning in this section as they have in that section.

Interpretation and Crown application

Interpretation and Crown application of this Part

64

(1) In this Part—

“adopted” is to be read—in the case of an MPS, in accordance with section 44 and paragraph 12 of Schedule 5,in the case of a marine plan, in accordance with section 51 and paragraph 15 of Schedule 6,and related expressions are to be construed accordingly;

“marine plan” has the meaning given in section 51;

“marine plan area” is to be read in accordance with section 51;

“marine plan authority” is to be read in accordance with section 50;

“marine planning region” is to be read in accordance with section 49;

“policy authority” has the meaning given in section 44;

“retained functions” has the meaning given in section 60.

(2) Any reference in this Part to an MPS governing marine planning for an area is to be construed in accordance with section 51(7).

(3) This Part binds the Crown.

Part 4 — Marine licensing

Chapter 1 — Marine licences

Requirement for licence

65

(1) No person may—

(a) carry on a licensable marine activity, or

(b) cause or permit any other person to carry on such an activity,

except in accordance with a marine licence granted by the appropriate licensing authority.

(2) Subsection (1) is subject to any provision made by or under sections 74 to 77 (exemptions).

Licensable marine activities

66

(1) For the purposes of this Part, it is a licensable marine activity to do any of the following—

1.	To deposit any substance or object within the UK marine licensing area, either in the sea or on or under the sea bed, from—any vehicle, vessel, aircraft or marine structure,any container floating in the sea, orany structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea.
2.	To deposit any substance or object anywhere in the sea or on or under the sea bed from—a British vessel, British aircraft or British marine structure, ora container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure.
3.	To deposit any substance or object anywhere in the sea or on or under the sea bed from a vehicle, vessel, aircraft, marine structure or floating container which was loaded with the substance or object—in any part of the United Kingdom except Scotland, orin the UK marine licensing area.
4.	To scuttle any vessel or floating container in the UK marine licensing area.
5.	To scuttle any vessel or floating container anywhere at sea, if the scuttling is controlled from a British vessel, British aircraft or British marine structure.
6.	To scuttle any vessel or floating container anywhere at sea, if the vessel or container has been towed or propelled, for the purpose of that scuttling,—from any part of the United Kingdom except Scotland, orfrom the UK marine licensing area, unless the towing or propelling began outside that area.
7.	To construct, alter or improve any works within the UK marine licensing area either—in or over the sea, oron or under the sea bed.
8.	To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed within the UK marine licensing area.
9.	To carry out any form of dredging within the UK marine licensing area (whether or not involving the removal of any material from the sea or sea bed).
10.	To deposit or use any explosive substance or article within the UK marine licensing area either in the sea or on or under the sea bed.
11.	To incinerate any substance or object on any vehicle, vessel, marine structure or floating container in the UK marine licensing area.
12.	To incinerate any substance or object anywhere at sea on—a British vessel or British marine structure, ora container floating in the sea, if the incineration is controlled from a British vessel, British aircraft or British marine structure.
13.	To load a vehicle, vessel, aircraft, marine structure or floating container in any part of the United Kingdom except Scotland, or in the UK marine licensing area, with any substance or object for incineration anywhere at sea.

(2) In subsection (1)—

(a) in item 9, “dredging” includes using any device to move any material (whether or not suspended in water) from one part of the sea or sea bed to another part;

(b) in items 12 and 13, “incineration” means the combustion of a substance or object for the purpose of its thermal destruction (and in items 11 and 12 “incinerate” is to be read accordingly).

(3) The appropriate licensing authority for any area may by order amend subsection (1) so as to add any activity to, or remove any activity from, the list of licensable marine activities as it has effect in that area.

(3A) An order under subsection (3) that adds an activity may designate the activity as activity added in contemplation of the United Kingdom’s obligations—

(a) under Part 3 of the Biodiversity Beyond National Jurisdiction Agreement (area-based management tools), or

(b) in respect of an activity that takes place in an area beyond national jurisdiction, under Part 4 of that Agreement (environmental impact assessments).

(3B) Where an order contains provision within subsection (3A), the related provision that may be made in the order in reliance on section 316(1)(b) (consequential etc provision) includes provision amending primary or secondary legislation whenever passed or made.

(3C) In subsection (3A)—

“area beyond national jurisdiction” has the meaning that it has in the Biodiversity Beyond National Jurisdiction Agreement (see Article 1);

“the Biodiversity Beyond National Jurisdiction Agreement” means the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, opened for signature at New York on 20 September 2023.

(4) For the purposes of this Part “the UK marine licensing area” consists of the UK marine area, other than the Scottish inshore region.

Applications

67

(1) The appropriate licensing authority may require an application for a marine licence—

(a) to be made in such form as the authority may determine;

(b) to be accompanied by a fee.

(2) The fee that may be charged under subsection (1)(b) is to be determined by, or in accordance with, regulations made by the appropriate licensing authority.

(3) A licensing authority may—

(a) determine different forms for different descriptions of applications;

(b) provide for different fees for different descriptions of applications.

(4) The appropriate licensing authority may require an applicant—

(a) to supply such information,

(b) to produce such articles, and

as in the opinion of the authority may be necessary or expedient to enable it to determine the application.

(5) If the appropriate licensing authority carries out any investigation, examination or test (whether or not by virtue of subsection (4)(c)) which in its opinion is necessary or expedient to enable it to determine an application, the authority may require the applicant to pay a fee towards the reasonable expenses of that investigation, examination or test.

(6) If an applicant fails to comply with a requirement made by the appropriate licensing authority under this section, the authority may—

(a) refuse to proceed with the application, or

(b) refuse to proceed with it until the failure is remedied.

Notice of applications

68

(1) Having received an application for a marine licence, the appropriate licensing authority must—

(a) publish notice of the application, or

(b) require the applicant to publish notice of it.

(2) Publication under subsection (1) must be in such manner as the authority thinks is best calculated to bring the application to the attention of any persons likely to be interested in it.

(3) If the activity in respect of which the application is being made is proposed to be carried on wholly or partly within the area of a local authority in England, Wales or Northern Ireland, the appropriate licensing authority must give notice of the application, or require the applicant to give notice of the application, to that local authority (whether or not notice has been published under subsection (1)).

(4) The appropriate licensing authority must not proceed with an application unless—

(a) notice has been published under subsection (1) (but see subsection (7)), and

(b) notice has been given under subsection (3) to any local authority to which notice of the application is required to be given by virtue of that subsection (but see subsection (8)).

(5) If the appropriate licensing authority—

(a) publishes notice of an application, in pursuance of subsection (1)(a), or

(b) gives notice of an application to a local authority, in pursuance of subsection (3),

the licensing authority may require the applicant to pay a fee towards the reasonable expenses of doing so.

(6) If an applicant fails to comply with a requirement made by the authority under subsection (5), the authority may—

(a) refuse to proceed with the application, or

(b) refuse to proceed with it until the failure is remedied.

(7) Subsection (1) does not apply in the case of any particular application if—

(a) the authority considers that notice of the application should not be published, or

(b) the Secretary of State certifies that in the opinion of the Secretary of State publication of notice of the application would be contrary to the interests of national security.

(8) Subsection (3) does not apply in the case of any particular application and any particular local authority if—

(a) the appropriate licensing authority considers that notice of the application should not be given to the local authority, or

(b) the Secretary of State certifies that in the opinion of the Secretary of State it would be contrary to the interests of national security to give notice of the application to the local authority.

(9) In this section “local authority” means—

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council;

Determination of applications

69

(1) In determining an application for a marine licence (including the terms on which it is to be granted and what conditions, if any, are to be attached to it), the appropriate licensing authority must have regard to—

(a) the need to protect the environment,

(b) the need to protect human health,

and such other matters as the authority thinks relevant.

(2) In the case of an application for a licence to authorise such activities as are mentioned in item 7 in section 66(1), the appropriate licensing authority must have regard (among other things) to the effects of any use intended to be made of the works in question when constructed, altered or improved.

(3) The appropriate licensing authority must have regard to any representations which it receives from any person having an interest in the outcome of the application.

(4) A licensing authority may—

(a) from time to time consult any person or body it thinks fit as to the general manner in which the licensing authority proposes to exercise its powers in cases involving any matter in which that person or body has particular expertise;

(b) in relation to any particular application, consult any person or body which has particular expertise in any matter arising in relation to that application.

(5) If the appropriate licensing authority consults any person or body under subsection (4)(b), it must give the applicant the opportunity to make representations to the licensing authority about any observations made by the person or body.

(5A) Regulation 3 of the Electronic Communications and Wireless Telegraphy Regulations 2011 makes provision about the time within which certain applications under this section for the granting of rights to install facilities must be determined.

(6) A licensing authority may by regulations make further provision as to the procedure to be followed in connection with—

(a) applications to it for marine licences, and

(b) the grant by it of such licences.

(7) The provision that may be made by virtue of subsection (6) includes (in particular) provision as to—

(a) the period within which any function is to be exercised (including when that period is to begin and how it is to be calculated);

(b) notifying the applicant of any licensing determination.

Inquiries

70

(1) The appropriate licensing authority may cause an inquiry to be held in connection with the determination of an application for a marine licence.

(2) Subsection (1) is subject to the following provisions of this section.

(3) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) apply to any inquiry which the Secretary of State or the Welsh Ministers may cause to be held under subsection (1) as they apply to inquiries under that section.

(4) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply to any inquiry which the Scottish Ministers may cause to be held under subsection (1) as they apply to inquiries under that section.

(5) Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to any inquiry which the Department of the Environment in Northern Ireland may cause to be held under subsection (1) as it applies to a local inquiry held under an enactment passed or made as mentioned in section 23 of that Act.

(6) Where—

(a) an inquiry is caused by a licensing authority to be held under subsection (1), and

(b) in the case of some other matter required or authorised to be the subject of an inquiry (“the other inquiry”), it appears to the relevant authority or authorities that the matters are so far cognate that they should be considered together,

the relevant authority or authorities may direct that the two inquiries be held concurrently or combined as one inquiry.

(7) In subsection (6) “the relevant authority or authorities” means the licensing authority or, where causing the other inquiry to be held is the function of some other person or body, the licensing authority and that other person or body acting jointly.

(8) If, in the case of any particular application, the Secretary of State certifies that it would in the opinion of the Secretary of State be contrary to the interests of national security—

(a) if an inquiry under subsection (1) were to be held, or

(b) if any members of the public, or any specified persons, were to be admitted to the inquiry or some specified part of it,

the inquiry is not to be held or, as the case may be, the public is not, or those persons are not, to be admitted to the inquiry or that part of it.

(9) In subsection (8) “specified” means—

(a) specified in the certificate, or

(b) of a description specified in the certificate.

Licences

71

(1) The appropriate licensing authority, having considered an application for a marine licence, must—

(a) grant the licence unconditionally,

(b) grant the licence subject to such conditions as the authority thinks fit, or

(2) The conditions that may be attached to a licence under subsection (1)(b) may relate to—

(a) the activities authorised by the licence;

(b) precautions to be taken or works to be carried out (whether before, during or after the carrying out of the authorised activities) in connection with or in consequence of those activities.

(3) Those conditions include, in particular, conditions—

(a) that no activity authorised by the licence be carried out until the authority or some other specified person has given such further approval of the activity as may be specified;

(b) as to the provision, maintenance, testing or operation of equipment for measuring or recording specified matters relating to any activity authorised by the licence;

(d) for the removal, at the end of a specified period, of any object or works to which the licence relates;

(e) for the carrying out, at the end of a specified period, of such works as may be specified for the remediation of the site or of any object or works to which the licence relates;

(f) that any activity authorised by the licence must take place at a specified site, whether or not in the UK marine licensing area.

(4) A licence may provide—

(a) that it is to expire unless the activity which it authorises is begun or completed within a specified period;

(b) that it is to remain in force indefinitely or for a specified period of time (which may be determined by reference to a specified event).

(5) A licence authorising such activities as are mentioned in item 7 in section 66(1) may provide that the conditions attached to it are to bind any other person who for the time being owns, occupies or enjoys any use of the works in question (whether or not the licence is transferred to that other person).

(6) A licensing authority must not grant a licence to carry on any activity which is contrary to international law.

(7) In this section “specified” means specified in the licence in question.

Variation, suspension, revocation and transfer

72

(1) A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that there has been a breach of any of its provisions.

(2) A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that—

(a) in the course of the application for the licence, any person either supplied information to the authority that was false or misleading or failed to supply information, and

(b) if the correct information had been supplied the authority would have, or it is likely that the authority would have, refused the application or granted the licence in different terms.

(3) A licensing authority may by notice vary, suspend or revoke a licence granted by it if it appears to the authority that the licence ought to be varied, suspended or revoked—

(a) because of a change in circumstances relating to the environment or human health;

(b) because of increased scientific knowledge relating to either of those matters;

(d) for any other reason that appears to the authority to be relevant.

(4) A suspension under subsection (1), (2) or (3) is for such period as the authority specifies in the notice of suspension.

(5) A licensing authority may by further notice extend the period of a suspension.

(6) But a licence may not by virtue of this section be suspended for a period exceeding 18 months.

(7) On an application made by a licensee, the licensing authority which granted the licence—

(a) may transfer the licence from the licensee to another person, and

(b) if it does so, must vary the licence accordingly.

(8) A licence may not be transferred except in accordance with subsection (7).

Appeals against licensing decisions

73

(1) The appropriate licensing authority must by regulations make provision for any person who applies for a marine licence to appeal against a decision under section 71.

(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 for or in connection with suspending or varying any condition subject to which the licence was granted, pending determination of the appeal;

(d) provision as to how any sum payable in pursuance of a decision of that person is to be recoverable.

(4) The duty in subsection (1) does not apply in relation to a decision under section 71 to which section 73A applies.

Chapter 2 — Exemptions and special cases

Exemptions

Exemptions specified by order

74

(1) The appropriate licensing authority for an area may by order specify, as regards that area, activities—

(a) which are not to need a marine licence;

(b) which are not to need a marine licence if conditions specified in the order are satisfied.

(2) The conditions that may be specified in an order under this section include conditions enabling the authority to require a person to obtain the authority's approval before the person does anything for which a licence would be needed but for the order.

(3) Approval under subsection (2) may be—

(a) without conditions;

(b) subject to such conditions as the authority considers appropriate.

(4) In deciding whether to make an order under this section, the appropriate licensing authority must have regard to—

(a) the need to protect the environment,

(b) the need to protect human health,

and such other matters as the authority thinks relevant.

(4A) Where an order under this section applies to activity designated under section 66(3A), the related provision that may be made in the order in reliance on section 316(1)(b) (consequential etc provision) includes provision amending primary or secondary legislation whenever passed or made.

(5) A licensing authority must consult such persons as the authority considers appropriate as to any order the authority contemplates making under this section.

Exemptions for certain dredging etc activities

75

(1) A marine licence is not needed for a dredging or spoil disposal activity if

(a) the conditions in subsection (2) are met , and

(b) where the activity involves the disposal or recovery of waste materials, the additional conditions in subsection (2A) are met.

(2) The conditions are—

(a) that the activity is undertaken by or on behalf of a harbour authority, and

(b) that the activity is authorised by, and carried out in accordance with, any legislation falling within subsection (3).

(2A) The additional conditions are—

(a) that the activity involves the relocation of sediments inside surface waters,

(b) that the activity is for the purpose of—

(i) managing waters or waterways,

(ii) preventing floods,

(iii) mitigating the effects of floods or droughts, or

(iv) land reclamation, and

(c) that it is proved to the satisfaction of the appropriate licensing authority for the area in which the activity is to be undertaken that the sediments are not hazardous waste.

(3) The legislation is—

(a) any local Act,

(b) any order under section 14 or 16 of the Harbours Act 1964 (c. 40),

(d) section 10(3) of that Act.

(4) In this section—

“dredging or spoil disposal activity” means—any dredging operation, orthe deposit of any dredged materials that result from an exempt dredging operation;

“exempt dredging operation” means a dredging operation for which a marine licence is not needed by virtue of this section.

(5) Any expression used in subsection (1)(b) or (2A) and also in Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste , as last amended by Directive (EU) 2018/851, has the same meaning as in that Directive.

Dredging in the Scottish zone

76

(1) Nothing in this Part applies to anything done, in the exercise of a function falling within subsection (2), in relation to the extraction of minerals by dredging in the Scottish zone.

(2) The functions are—

(a) any function exercisable under assimilated law;

(b) any of Her Majesty's prerogative and other executive functions which is exercisable on behalf of Her Majesty by the Scottish Ministers.

Oil and gas activities and carbon dioxide storage

77

(1) Nothing in this Part applies to any of the following—

(a) anything done in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998 (c. 17) or section 2 of the Petroleum (Production) Act 1934 (c. 36) (licences to search for and get petroleum) is required;

(b) anything done for the purpose of constructing or maintaining a pipeline as respects any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998) is in force;

(c) anything done for the purpose of establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998 (c. 17));

(d) anything done in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 (c. 32) is required (gas unloading, storage and recovery, and carbon dioxide storage).

(2) For the purposes of subsection (1)(a) or (d), activities are to be regarded as activities for which a licence of the description in question is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.

(3) Subsection (1)(d) does not apply in relation to anything done in the course of carrying on an activity for which a licence under section 4 of the Energy Act 2008 is required in, under or over any area of sea—

(a) which is within the Welsh inshore region or the Northern Ireland inshore region, or

(b) which is within both the Scottish offshore region and a Gas Importation and Storage Zone (within the meaning given by section 1 of the Energy Act 2008).

(4) Subsection (1)(d) does not apply in relation to anything done in, under or over any area of sea within the Welsh inshore region or the Northern Ireland inshore region in the course of carrying on an activity for which a licence under section 18 of the Energy Act 2008 (c. 32) is required.

Special provisions in certain cases

Special procedure for applications relating to harbour works

78

(1) This section has effect in cases where—

(a) a person who proposes to carry on an activity must first make an application for a marine licence to carry on that activity (the “marine licence application”), and

(b) a related application for a harbour order (the “harbour order application”) is or has been made by the person, or the harbour order authority has reason to believe that it will be so made.

(2) A “related application for a harbour order” is an application for an order under section 14 or 16 of the Harbours Act in relation to—

(a) the activity for which the marine licence is required, or

(b) other works to be undertaken in connection with that activity.

(3) In any case where—

(a) both the marine licence application and the harbour order application have been made,

(b) the harbour order authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) that the two applications are to be considered together, and

the two applications are to be considered together.

(4) Subsection (5) applies in any case where—

(a) one of the applications has been received but not the other,

(b) the harbour order authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) that the two applications are to be considered together, and

(5) In any such case—

(a) the application that has been received is not to be considered until the other application has also been received,

(b) the two applications are to be considered together, and

but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d) or (6A)(b).

(6) Subject to subsection (6B), The Secretary of State may by order do any of the following—

(a) make provision falling within subsection (7) for cases where subsection (3) applies;

(b) make provision falling within subsection (7) for cases where subsection (5) applies;

(c) make provision falling within subsection (7) or (8) for cases where the harbour order authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) comes to the conclusion that the marine licence application is not going to be made;

(d) make provision falling within subsection (7) or (8) for cases where the harbour order authority comes to the conclusion that the harbour order application is not going to be made.

(6A) The Welsh Ministers may by regulations—

(a) make provision falling within subsection (7) for cases where—

(i) the Welsh Ministers are both the marine licence authority and the harbour order authority, and

(ii) they have decided that the two applications are to be considered together and have given notice of that decision to the applicant;

(b) make provision falling within subsection (7) or (8) for cases where—

(i) the Welsh Ministers are both the marine licence authority and the harbour order authority, and

(ii) they have concluded that one of the applications is not going to be made.

(6B) The Secretary of State may not make provision under this section for cases where the Welsh Ministers are both the marine licence authority and the harbour order authority.

(7) The provision that may be made by virtue of this subsection is—

(a) provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;

(b) provision that such procedural provisions of the Harbours Act as are so specified are to apply to that application instead;

(8) The provision that may be made by virtue of this subsection is provision modifying—

(a) such procedural provisions of this Part as are specified in the order, or

(b) such procedural provisions of the Harbours Act as are specified in the order.

(9) In this section—

“the harbour order authority” means—the Secretary of State, in any case where the harbour order application falls (or would fall) to be determined by the Secretary of State;the Welsh Ministers, in any case where the harbour order application falls (or would fall) to be determined by the Welsh Ministers;

“the Harbours Act” means the Harbours Act 1964 (c. 40);

“the marine licence authority” means—the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;

“procedural provisions” means any provisions for or in connection with the procedure for determining an application.

Special procedure for applications relating to certain electricity works

79

(1) This section has effect in cases where a person who proposes to carry on an activity must first make both—

(a) an application for a marine licence to carry on that activity (the “marine licence application”), and

(b) a related application for a generating station consent (the “generating station application”).

(2) A “related application for a generating station consent” is an application for a consent under section 36 of the Electricity Act (consent for construction etc of generating stations) in relation to—

(a) the activity for which the marine licence is required, or

(b) other works to be undertaken in connection with that activity.

(3) In any case where—

(a) both the marine licence application and the generating station application have been made,

(b) the generating station authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) that the two applications are to be considered together, and

the two applications are to be considered together.

(4) Subsection (5) applies in any case where—

(a) one of the applications has been received but not the other,

(b) the generating station authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) that the two applications are to be considered together, and

(5) In any such case—

(a) the application that has been received is not to be considered until the other application has also been received,

(b) the two applications are to be considered together, and

but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d) or (6A)(b).

(6) Subject to subsection (6B), the Secretary of State may by order do any of the following—

(a) make provision falling within subsection (7) for cases where subsection (3) applies;

(b) make provision falling within subsection (7) for cases where subsection (5) applies;

(c) make provision falling within subsection (7) or (8) for cases where the generating station authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the generating station authority) comes to the conclusion that the marine licence application is not going to be made;

(d) make provision falling within subsection (7) or (8) for cases where the generating station authority comes to the conclusion that the generating station application is not going to be made.

(6A) The Welsh Ministers may by regulations—

(a) make provision falling within subsection (7) for cases where—

(i) the Welsh Ministers are both the marine licence authority and the generating station authority, and

(ii) they have decided that the two applications are to be considered together and have given notice of that decision to the applicant;

(b) make provision falling within subsection (7) or (8) for cases where—

(i) the Welsh Ministers are both the marine licence authority and the generating station authority, and

(ii) they have concluded that one of the applications is not going to be made.

(6B) The Secretary of State may not make provision under this section for cases where the Welsh Ministers are both the marine licence authority and the generating station authority.

(7) The provision that may be made by virtue of this subsection is—

(a) provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;

(b) provision that such procedural provisions of the Electricity Act as are so specified are to apply to that application instead;

(8) The provision that may be made by virtue of this subsection is provision modifying—

(a) such procedural provisions of this Part as are specified in the order, or

(b) such procedural provisions of the Electricity Act as are specified in the order.

(9) In this section—

“the Electricity Act” means the Electricity Act 1989 (c. 29);

“generating station authority” means—the Secretary of State, in any case where the generating station application falls (or would fall) to be determined by the Secretary of State;the Scottish Ministers, in any case where the generating station application falls (or would fall) to be determined by the Scottish Ministers; the Welsh Ministers, in any case where the generating station application falls (or would fall) to be determined by the Welsh Ministers;

“the marine licence authority” means—the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;the Scottish Ministers, in any case where the marine licence application falls (or would fall) to be made to the Scottish Ministers;the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;

“procedural provisions” means any provisions for or in connection with the procedure for determining an application.

Electronic communications apparatus

80

(1) A licensing authority must not grant a marine licence to carry on any activity which amounts to or involves the exercise of a right conferred by paragraph 11 of the Electronic Communications Code unless it is satisfied that adequate compensation arrangements have been made.

(2) For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—

(a) who appear to that authority to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,

(b) for any loss or damage sustained by those persons in consequence of the activity being carried on.

(3) In paragraph 11 of the Electronic Communications Code omit—

(a) sub-paragraphs (3) to (10);

(b) in sub-paragraph (11), the definition of “remedial works”.

(4) In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).

Submarine cables on the continental shelf

81

(1) Nothing in this Part applies to anything done in the course of laying or maintaining an offshore stretch of exempt submarine cable , subject to subsection (5A).

(2) Where subsection (1) has effect in relation to part (but not the whole) of an exempt submarine cable—

(a) the appropriate licensing authority must grant any application made to it for a marine licence for the carrying on of a licensable marine activity in the course of laying any inshore stretch of the cable, and

(b) nothing in this Part applies to anything done in the course of maintaining any inshore stretch of the cable.

(3) A licensing authority has the same powers to attach conditions to a marine licence required to be granted by virtue of subsection (2) as it has in relation to a marine licence not required to be so granted.

(4) In the application of this section in relation to any cable—

“inshore stretch” means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;

“offshore stretch” means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.

(5) For the purposes of this section a submarine cable is “exempt” unless it is a cable constructed or used in connection with any of the following—

(a) the exploration of the UK sector of the continental shelf;

(b) the exploitation of the natural resources of that sector;

(d) the prevention, reduction or control of pollution from pipelines.

(5A) This section does not prevent the application of this Part in relation to activity designated under section 66(3A).

(6) In this section—

“natural resources” means—the mineral and other non-living resources of the sea bed and subsoil,together withliving organisms belonging to sedentary species;

“living organisms belonging to sedentary species” means organisms which, at the harvestable stage, are either—immobile on or under the sea bed, orunable to move except in constant physical contact with the sea bed or the subsoil.

Structures in, over or under a main river

82

(1) Section 109 of the Water Resources Act 1991 (c. 57) (structures in, over or under a main river) is amended as follows.

(2) After subsection (6) insert—

(7) Subsections (1) to (3) above shall not apply to any work if— (a) carrying out the work is a licensable marine activity, (b) the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the provisions of those subsections may be dispensed with, and (c) the Agency issues a notice to that effect to the applicant for the marine licence. (8) In subsection (7) above “licensable marine activity” and “marine licence” have the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.

83

(1) If, in the case of any particular work,—

(a) a marine licence is needed for the carrying out of the work,

(b) Admiralty consent for the carrying out of the work would also be required (apart from this subsection) by virtue of any local legislation, and

(c) the Secretary of State considers that, in view of the need for a marine licence, the requirement for Admiralty consent for the carrying out of the work may be dispensed with, and issues a notice to that effect,

the requirement for Admiralty consent does not apply in relation to that work.

(2) In subsection (1)—

“Admiralty consent” means the consent of the Admiralty, whether alone or jointly with any other government department;

“local legislation” means—a local Act, orany such Act and any notice given and published by the Admiralty under section 9 of the Harbours Transfer Act 1862 (c. 69).

Byelaws for flood defence and drainage purposes

84

(1) Schedule 25 to the Water Resources Act 1991 (c. 57) (byelaw making powers of the Environment Agency) is amended as follows.

(2) In paragraph 5 (byelaws for flood defence and drainage purposes) after sub-paragraph (3) insert—

(3A) If, in any particular case,— (a) a marine licence is needed for the carrying on of any activity, (b) before that activity may be carried on, the consent of the Agency would also be required (apart from this sub-paragraph) by virtue of any byelaw under this paragraph, and (c) the Agency considers that, in view of the terms and conditions that will be included in the marine licence, the requirement for the consent of the Agency may be dispensed with, and issues a notice to that effect, the requirement for the consent of the Agency does not apply in relation to the carrying on of that activity.

(3B) In sub-paragraph (3A) “marine licence” has the same meaning as in Part 4 of the Marine and Coastal Access Act 2009.

Chapter 3 — Enforcement

Offences

Breach of requirement for, or conditions of, a licence

85

(1) A person who—

(a) contravenes section 65(1), or

(b) fails to comply with any condition of a marine licence,

commits an offence.

(2) A person who is bound by a condition of a licence by virtue of section 71(5) is not to be taken as having failed to comply with the condition unless the requirements of subsection (3) are satisfied.

(3) The requirements are that—

(a) the appropriate licensing authority has served the person with a notice under this subsection which specifies the condition together with a period (which must be a reasonable period, in all the circumstances of the case) within which the person must comply with the condition, and

(b) the person has failed to comply with the condition within that period.

(4) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding £50,000a fine;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Action taken in an emergency

86

(1) It is a defence for a person charged with an offence under section 85(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

(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

(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.

(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 person or of some other person acting under the person's direction or control.

Electronic communications: emergency works

87

(1) It is a defence for a person charged with an offence under section 85(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 undertaker, and

(b) the activity was carried out for the purpose of executing emergency works, within the meaning of that Code.

(2) In this section “the Electronic Communications Code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c. 12).

Activity licensed by another State

88

(1) It is a defence for a person charged with an offence under section 85(1) in relation to any activity to which subsection (2) applies to prove that subsections (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 66(1), and

(b) is carried on outside the UK marine licensing area.

(3) This subsection is satisfied if—

(a) in the case of an activity falling within item 2 in subsection (1) of section 66, the vessel, aircraft, marine structure or floating container (as the case may be) was loaded in a Convention State, or in the national or territorial waters of a Convention State, with the substances or objects deposited;

(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 from 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 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 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;

“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;

“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 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 Conventions or that Protocol.

Information

89

(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,

(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

commits an offence.

(2) The purposes are—

(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—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

Enforcement notices

Compliance notice

90

(1) If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may 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 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—

(a) serious harm to the environment;

(b) serious harm to human health;

(5) A compliance notice must—

(a) state the enforcement authority's grounds for believing that 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;

Remediation notice

91

(1) If it appears to an 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—

(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.

(4) This subsection is satisfied if the carrying on of the activity has involved, or involves, the commission of an offence under section 85(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) harm to the environment;

(b) harm to human health;

(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 of subsections (3) to (5) is satisfied;

(b) may require the person to take such remedial or compensatory steps as the authority considers appropriate;

(c) may require the person to pay a sum representing the reasonable expenses of any remedial or compensatory steps taken, or to be taken, by the enforcement authority or the appropriate licensing authority (whether or not under section 106);

(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 or compensatory steps” means steps taken (or to be taken) for any one or more of the purposes mentioned in subsection (9) (whether or not the steps are to be taken at or near the place where the harm or interference mentioned in subsection (5) has been, is being, or is likely to be, caused or the activity in respect of which the notice is issued is or has been carried on).

(9) The purposes are—

(a) protecting the environment;

(b) protecting human health;

(d) preventing or minimising, or remedying or mitigating the effects of, the harm or interference mentioned in subsection (5);

(e) restoring (whether in whole or in part) the condition of any place affected by that harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred;

(f) such purposes not falling within the preceding paragraphs as the enforcement authority considers appropriate in all the circumstances of the case.

Further provision as to enforcement notices

92

(1) A compliance notice or remediation notice—

(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) An enforcement authority may by a further notice—

(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 90(5)(c) or, as the case may be, section 91(7)(d).

(3) A person who fails to comply with—

(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 £50,000a fine;

(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 91(7)(c) is recoverable as a civil debt.

Civil sanctions

Fixed monetary penalties

93

(1) The appropriate licensing authority for any area may by order make provision to confer on the appropriate enforcement authority for that area the power by notice to impose on a person in relation to an offence under this Part a fixed monetary penalty.

(2) Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3) For the purposes of this Part a “fixed monetary penalty” is a requirement to pay to the enforcement authority a penalty of a prescribed amount.

(4) The amount of the fixed monetary penalty that may be imposed in relation to an offence may not exceed the maximum amount(if any) of the fine that may be imposed on summary conviction for that offence.

(5) In this section “prescribed” means prescribed in an order made under this section.

Fixed monetary penalties: procedure

94

(1) Provision under section 93 must secure the results in subsection (2).

(2) Those results are that—

(a) where the enforcement authority proposes to impose a fixed monetary penalty on a person, the authority must serve on that person a notice of what is proposed (a “notice of intent”) which complies with subsection (3),

(b) the notice of intent also offers the person the opportunity to discharge the person's liability for the fixed monetary penalty by payment of a prescribed sum (which must be less than or equal to the amount of the penalty),

(i) the person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the fixed monetary penalty, and

(ii) the enforcement authority must at the end of the period for making representations and objections decide whether to impose the fixed monetary penalty,

(d) where the enforcement authority decides to impose the fixed monetary penalty, the notice imposing it (“the final notice”) complies with subsection (5), and

(e) the person on whom a fixed monetary penalty is imposed may appeal against the decision to impose it.

(3) To comply with this subsection the notice of intent must include information as to—

(a) the grounds for the proposal to impose the fixed monetary penalty,

(b) the effect of payment of the sum referred to in subsection (2)(b),

(d) the circumstances in which the enforcement authority may not impose the fixed monetary penalty,

(e) the period within which liability to the fixed monetary penalty may be discharged, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received, and

(f) the period within which representations and objections may be made, which must not exceed the period of 28 days beginning with the day on which the notice of intent is received.

(4) Provision pursuant to subsection (2)(c)(ii)—

(a) must secure that the enforcement authority may not decide to impose a fixed monetary penalty on a person where the authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b) may include provision for other circumstances in which the enforcement authority may not decide to impose a fixed monetary penalty.

(5) To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) any early payment discounts or late payment penalties,

(e) rights of appeal, and

(f) the consequences of non-payment.

(6) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(7) In this section “prescribed” means prescribed in an order made under section 93.

Variable monetary penalties

95

(1) The appropriate licensing authority for any area may by order make provision to confer on the appropriate enforcement authority for that area the power by notice to impose on a person in relation to an offence under this Part a variable monetary penalty.

(2) Provision under this section may only confer such a power in relation to a case where the enforcement authority is satisfied beyond reasonable doubt that the person has committed the offence.

(3) For the purposes of this Part a “variable monetary penalty” is a penalty of such amount as the enforcement authority may in each case determine.

Variable monetary penalties: procedure

96

(1) Provision under section 95 must secure the results in subsection (2).

(2) Those results are that—

(a) where the enforcement authority proposes to impose a variable monetary penalty on a person, the enforcement authority must serve on that person a notice (a “notice of intent”) which complies with subsection (3),

(b) that person may make written representations and objections to the enforcement authority in relation to the proposed imposition of the penalty,

(c) after the end of the period for making such representations and objections, the enforcement authority must decide whether to impose a penalty and, if so, the amount of the penalty,

(d) where the enforcement authority decides to impose a penalty, the notice imposing it (the “final notice”) complies with subsection (6), and

(e) the person on whom a penalty is imposed may appeal against the decision as to the imposition or amount of the penalty.

(3) To comply with this subsection the notice of intent must include information as to—

(a) the grounds for the proposal to impose the penalty,

(b) the right to make representations and objections,

(d) the period within which representations and objections may be made, which may not be less than the period of 28 days beginning with the day on which the notice of intent is received.

(4) Provision pursuant to subsection (2)(c)—

(a) must secure that the enforcement authority may not decide to impose a penalty on a person where the enforcement authority is satisfied that the person would not, by reason of any defence raised by that person, be liable to be convicted of the offence in relation to which the penalty is proposed to be imposed, and

(b) may include provision for other circumstances in which the enforcement authority may not decide to impose a penalty.

(5) Provision under subsection (2)(c) must also include provision for—

(a) the person on whom the notice of intent is served to be able to offer an undertaking as to action to be taken by that person (including the payment of a sum of money) to benefit any person affected by the offence,

(b) the enforcement authority to be able to accept or reject such an undertaking, and

(6) To comply with this subsection the final notice referred to in subsection (2)(d) must include information as to—

(a) the grounds for imposing the penalty,

(b) how payment may be made,

(d) any early payment discounts or late payment penalties,

(e) rights of appeal, and

(f) the consequences of non-payment.

(7) Provision pursuant to subsection (2)(e) must secure that the grounds on which a person may appeal against a decision of the enforcement authority include the following—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(d) that the decision was unreasonable for any other reason.

Further provision about civil sanctions

97

Schedule 7 (which makes further provision about civil sanctions) has effect.

Chapter 4 — Delegation

Delegation of functions relating to marine licensing

98

(1) The appropriate licensing authority for an area may make an order which—

(a) designates any of the delegable marine licensing functions which would (apart from any order under this section) be exercisable by or in relation to that authority or an enforcement authority for that area, and

(b) provides that those functions, instead of being so exercisable, are to be exercisable by or in relation to such person, acting on behalf of the licensing authority or (as the case may be) the enforcement authority, as is designated in the order.

(2) The power to make an order under this section includes power to make provision in the order conferring on the person designated (“the delegate”), so far as acting on behalf of an enforcement authority, any power which the appropriate licensing authority may confer on an enforcement authority by an order under section 93 or 95 (fixed or variable monetary penalties).

(3) An authority which makes an order under this section may do so only with the consent of the delegate.

(4) The delegate—

(a) must comply with the order, and

(b) is to be taken to have all the powers necessary to do so.

(5) In this section “delegable marine licensing functions” means—

(a) functions of a licensing authority under this Part, other than excepted functions;

(b) functions of an enforcement authority under this Part.

(6) The excepted functions are functions under—

(a) section 66(3) (altering the list of licensable marine activities);

(b) section 67(2) (making regulations regarding the fee for an application);

(ca) section 72A(4) (making regulations regarding fees for monitoring, variation etc of licences for which the Welsh Ministers are the licensing authority);

(d) section 73 (making regulations regarding appeals against licensing decisions under section 71);

(e) section 74(1) and (5) (making orders specifying activities which do not require a marine licence and consulting in relation to such orders);

(f) sections 93 and 95 (making orders conferring powers to impose civil sanctions);

(g) this section and section 100;

(h) section 101(3) (making regulations regarding the register);

(ha) section 107A(3) (making regulations regarding deposits payable on account of fees where the Welsh Ministers are the licensing authority);

(hb) section 107B(5) (making regulations regarding payment of fees and deposits where the Welsh Ministers are the licensing authority);

(i) section 108 (making regulations regarding appeals against certain notices).

Orders under section 98: supplementary provisions

99

(1) For so long as an order made under section 98 remains in force, the designated functions are exercisable by or in relation to the delegate acting on behalf of the licensing authority or, as the case may be, the enforcement authority (and are not exercisable by or in relation to the authority).

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Marine and Coastal Access Act 2009

Meaning of “retained functions” etc

60

Monitoring and reporting

Monitoring of, and periodical reporting on, implementation

61

Chapter 5 — Miscellaneous and general provisions

Validity of documents under this Part

Validity of marine policy statements and marine plans

62

Powers of the court on an application under section 62

63

Interpretation and Crown application

Interpretation and Crown application of this Part

64

Part 4 — Marine licensing

Chapter 1 — Marine licences

Requirement for licence

65

Licensable marine activities

66

Applications

67

Notice of applications

68

Determination of applications

69

Inquiries

70

Licences

71

Variation, suspension, revocation and transfer

72

Appeals against licensing decisions

73

Chapter 2 — Exemptions and special cases

Exemptions

Exemptions specified by order

74

Exemptions for certain dredging etc activities

75

Dredging in the Scottish zone

76

Oil and gas activities and carbon dioxide storage

77

Special provisions in certain cases

Special procedure for applications relating to harbour works

78

Special procedure for applications relating to certain electricity works

79

Electronic communications apparatus

80

Submarine cables on the continental shelf

81

Structures in, over or under a main river

82

Requirements for Admiralty consent under local legislation

83

Byelaws for flood defence and drainage purposes

84

Chapter 3 — Enforcement

Offences

Breach of requirement for, or conditions of, a licence

85

Action taken in an emergency

86

Electronic communications: emergency works

87

Activity licensed by another State

88

Information

89

Enforcement notices

Compliance notice

90

Remediation notice

91

Further provision as to enforcement notices

92

Civil sanctions