Planning and Infrastructure Act 2025
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Change 1
44 Deemed consent under marine licence
(1) In the Transport and Works Act 1992, after section 19 insert— Deemed consent under marine licences 19A (1) An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority). (2) Activity specified under subsection (1) must be carried out wholly in one or more of these areas— (a) England; (b) waters adjacent to England up to the seaward limits of the territorial sea; (c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; (d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; (e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions. (3) An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority). (4) An order including provision under subsection (1) or (3) may also include provision— (a) deeming the licence to have been granted subject to such conditions as may be specified in the order; (b) deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009. (5) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence. (6) In this section— “the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009; “exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009; “marine licence” means a marine licence under Part 4 of the MCAA 2009; “the MCAA 2009” means the Marine and Coastal Access Act 2009; “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004. (7) For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act. (2) The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.
44 Deemed consent under marine licence
(1) In the Transport and Works Act 1992, after section 19 insert— Deemed consent under marine licences 19A (1) An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority). (2) Activity specified under subsection (1) must be carried out wholly in one or more of these areas— (a) England; (b) waters adjacent to England up to the seaward limits of the territorial sea; (c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; (d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; (e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions. (3) An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority). (4) An order including provision under subsection (1) or (3) may also include provision— (a) deeming the licence to have been granted subject to such conditions as may be specified in the order; (b) deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009. (5) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence. (6) In this section— “the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009; “exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009; “marine licence” means a marine licence under Part 4 of the MCAA 2009; “the MCAA 2009” means the Marine and Coastal Access Act 2009; “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004. (7) For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act. (2) The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.
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