United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2026-10-20, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 729d2bf471d5bab8196230a6469153616a517d0b9448b25c1bdc383931829439
No one has proposed a change to this act yet.
(1) The Secretary of State may by notice require any of the following— (a) a Minister of the Crown, (b) a government department, (c) a statutory body, to provide to the MMO on a temporary basis such staff, premises or other facilities as may be specified in the notice. (2) In this section “statutory body” means any body or person established by or under any enactment.
Propose a change(1) The rights to which this section applies have effect as rights belonging to Her Majesty by virtue of this section. (2) This section applies to all rights under Part V of the Convention that are exercisable by the United Kingdom in areas outside the territorial sea. (3) Her Majesty may by Order in Council designate an area as an area within which the rights to which this section applies are exercisable (an “exclusive economic zone”). (4) The Secretary of State may by order designate the whole or any part of the exclusive economic zone as an area in relation to which the Scottish Ministers, the Welsh Ministers or any Northern Ireland department are to have functions. (5) In any enactment or instrument passed or made after the coming into force of an Order in Council made under this section, any reference to the United Kingdom's exclusive economic zone is to be read as a reference to any area designated in the Order in Council. (6) An Order in Council under this section may include incidental, consequential, supplementary or transitional provision or savings. (7) In this section “the Convention” means the United Nations Convention on the Law of the Sea (Cmnd 8941) and any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom. (8) Part 1 of Schedule 4 (which contains amendments consequential on this section) has effect.
Propose a change(1) For the purposes of this Act, the “UK marine area” consists of the following— (a) the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, (b) any area of sea within the limits of the exclusive economic zone, (c) the area of sea within the limits of the UK sector of the continental shelf (so far as not falling within the area mentioned in paragraph (b), and see also subsection (2)), and includes the bed and subsoil of the sea within those areas. (2) The area of sea mentioned in subsection (1)(c) is to be treated as part of the UK marine area for any purpose only to the extent that such treatment for that purpose does not contravene any international obligation binding on the United Kingdom or Her Majesty's government. (3) In this section “sea” includes— (a) any area submerged at mean high water spring tide, and (b) the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide. (4) The area of sea referred to in subsection (3)(a) includes waters in any area— (a) which is closed, whether permanently or intermittently, by a lock or other artificial means against the regular action of the tide, but (b) into which seawater is caused or permitted to flow, whether continuously or from time to time, and (c) from which seawater is caused or permitted to flow, whether continuously or from time to time. (5) Until the coming into force of the first Order in Council made under section 41 (the exclusive economic zone), the reference in subsection (1)(b) to the exclusive economic zone is to be read as a reference to a renewable energy zone.
Propose a change(1) Section 158 of the Government of Wales Act 2006 (c. 32) (interpretation) is amended as follows. (2) In subsection (1) after the definition of “Wales” insert , and Welsh zone” means the sea adjacent to Wales which is— (a) within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and (b) specified in an Order in Council under section 58 or an order under subsection (3). (3) For subsection (3) substitute— (3) The Secretary of State may by order determine, or make provision for determining, for the purposes of the definitions of “Wales” and the “Welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to Wales, or sea within British fishery limits adjacent to Wales, and those which are not. (4) Part 2 of Schedule 4 (which contains amendments consequential on this section) has effect. (5) The Secretary of State may by order make such modifications or amendments of— (a) any Act passed before the end of the Session in which this Act is passed, or (b) any instrument made before the end of that Session, as the Secretary of State considers appropriate in consequence of this section.
Propose a change(1) For the purposes of this Act a “marine policy statement” (an “MPS”) is a document— (a) in which the policy authorities that prepare and adopt it state general policies of theirs (however expressed) for contributing to the achievement of sustainable development in the UK marine area, (b) which has been prepared and adopted by those authorities in accordance with Schedule 5, and (c) which states that it has been prepared and adopted for the purposes of this section. (2) An MPS may also include statements or information relating to policies contained in the MPS. (3) If to any extent a policy stated in an MPS conflicts with any other statement or information in the MPS, that conflict must be resolved in favour of the policy. (4) In this Part “policy authority” means any of the following— (a) the Secretary of State; (b) the Scottish Ministers; (c) the Welsh Ministers; (d) the Department of the Environment in Northern Ireland. (5) Any reference in this Part to an MPS being adopted by any policy authorities is a reference to the final text of the MPS being adopted by those authorities in accordance with Schedule 5.
Propose a change(1) An MPS may only be prepared by— (a) all the policy authorities, acting jointly, (b) the Secretary of State and any one or more other policy authorities, acting jointly, or (c) the Secretary of State. (2) An MPS must not be prepared by the Secretary of State acting alone under subsection (1)(c) unless the Secretary of State has first invited each of the other policy authorities to participate in the preparation of an MPS. (3) A later MPS replaces an earlier MPS, whether or not the later MPS is prepared and adopted by the same policy authorities that prepared and adopted the earlier MPS. (4) An MPS comes into effect when it has been published in accordance with Schedule 5.
Propose a changeThe policy authorities that prepared and adopted an MPS must review the MPS whenever they consider it appropriate to do so.
Propose a change(1) An MPS may be amended from time to time by the policy authorities which prepared and adopted it. (2) Any amendment of an MPS must be prepared and adopted in accordance with Schedule 5. (3) Any amendment of an MPS comes into effect when it has been published in accordance with that Schedule. (4) Any reference in this Part to an amendment of an MPS being adopted by any policy authorities is a reference to the final text of the amendment being adopted by those authorities in accordance with that Schedule. (5) Any reference in this Act to an MPS includes a reference to an MPS as amended.
Propose a change(1) If any of the policy authorities that prepared and adopted an MPS— (a) comes to the conclusion that it desires to withdraw from the MPS, and (b) publishes notice of that conclusion in each of the Gazettes, the authority is to be regarded as having withdrawn from the MPS as from the date on which the notice is so published. (2) Before arranging to publish any such notice, the policy authority must inform each of the other policy authorities that it intends to do so. (3) If the Secretary of State withdraws from an MPS, the MPS is withdrawn as from the date of the Secretary of State's withdrawal. (4) If any other policy authority withdraws from an MPS, then, as from the date of the authority's withdrawal, the authority is to be treated for the purposes of this Part as if it were not one of the policy authorities which adopted and published the MPS. (5) If the Secretary of State withdraws from an MPS, the Secretary of State must take such further steps as the Secretary of State considers appropriate to secure that the withdrawal of the MPS is brought to the attention of interested persons. (6) If any other policy authority withdraws from an MPS, it must take such further steps as it considers appropriate to secure that its withdrawal from the MPS is brought to the attention of interested persons. (7) An MPS which is withdrawn by virtue of subsection (3) ceases to have effect as from the date of the withdrawal. (8) Where a policy authority withdraws from an MPS, or an MPS is withdrawn by virtue of the withdrawal of the Secretary of State, the withdrawal does not affect— (a) the continuing validity or effect of any marine plan for any marine plan area, or (b) until such time as a new MPS governs marine planning for a marine plan area, the construction of any marine plan for that marine plan area. (9) In this section— “the Gazettes” means— the London Gazette, the Edinburgh Gazette, and the Belfast Gazette; “interested persons” means— any persons appearing to the policy authority to be likely to be interested in, or affected by, the withdrawal of or from the MPS; members of the general public.
Propose a change(1) The UK marine area comprises the following marine planning regions— (a) the English inshore region; (b) the English offshore region; (c) the Scottish inshore region; (d) the Scottish offshore region; (e) the Welsh inshore region; (f) the Welsh offshore region; (g) the Northern Ireland inshore region; (h) the Northern Ireland offshore region. (2) The definitions of those regions can be found in section 322.
Propose a change(1) There is to be a marine plan authority for each marine planning region other than— (a) the Scottish inshore region; (b) the Northern Ireland inshore region. (2) The marine plan authority for each marine planning region is as follows— (a) for the English inshore region, the Secretary of State; (b) for the English offshore region, the Secretary of State; (c) for the Scottish offshore region, the Scottish Ministers; (d) for the Welsh inshore region, the Welsh Ministers; (e) for the Welsh offshore region, the Welsh Ministers; (f) for the Northern Ireland offshore region, the Department of the Environment in Northern Ireland. (3) References to a marine plan authority's region are to be construed accordingly.
Propose a change(1) A marine plan authority may prepare a marine plan for an area (a “marine plan area”) consisting of the whole or any part of its marine planning region. (2) Where an MPS governs marine planning for a marine planning region, the marine plan authority for the region must seek to ensure that every part of the region is within an area for which a marine plan is in effect. (3) A “marine plan” is a document which— (a) has been prepared and adopted for a marine plan area by the appropriate marine plan authority in accordance with Schedule 6, (b) states the authority's policies (however expressed) for and in connection with the sustainable development of the area, and (c) states that it is a marine plan prepared and adopted for the purposes of this section. (4) For the purposes of this section “the appropriate marine plan authority” in the case of any marine plan area is the marine plan authority in whose region the marine plan area lies. (5) A marine plan must identify (by means of a map or otherwise) the marine plan area for which it is a marine plan. (6) A marine plan must be in conformity with any MPS which governs marine planning for the marine plan area unless relevant considerations indicate otherwise. (7) For the purposes of this Part, an MPS “governs marine planning” for an area if— (a) it has been adopted by the policy authority which is the marine plan authority whose region consists of or includes the area, (b) it has been published in accordance with paragraph 12 of Schedule 5, (c) it has not been replaced or withdrawn, and (d) the policy authority mentioned in paragraph (a) has not withdrawn from it. As respects paragraphs (c) and (d), see also section 48(8) (effect of withdrawal of, or from, an MPS). (8) Unless prepared and adopted by the Secretary of State, a marine plan must state whether it includes provision relating to retained functions (see sections 59 and 60). (9) A marine plan may also include statements or information relating to policies contained in the plan. (10) If to any extent a policy stated in a marine plan conflicts with any other statement or information in the plan, that conflict must be resolved in favour of the policy. (11) A marine plan comes into effect when it has been published by the marine plan authority that prepared and adopted it in accordance with Schedule 6.
Propose a change(1) A marine plan may be amended from time to time by the marine plan authority for the marine planning region in which the marine plan area lies. (2) The provisions of this Part that relate to the preparation, adoption, publication and coming into effect of a marine plan also apply in relation to amendments of a marine plan. (3) Any reference in this Act to a marine plan includes a reference to a marine plan as amended.
Propose a change(1) A marine plan may be withdrawn at any time, but only in accordance with the following provisions of this section. (2) In this section— (a) subsection (3) has effect where a marine plan authority decides to withdraw a marine plan; (b) subsection (4) has effect where the Secretary of State decides to withdraw agreement to a marine plan; (c) subsections (5) and (6) make supplementary provision. (3) If a marine plan authority decides to withdraw a marine plan— (a) it is to publish notice of the withdrawal of the plan in each appropriate Gazette, and (b) the marine plan is withdrawn as from the date on which the notice is so published. (4) If at any time the Secretary of State decides to withdraw agreement previously given under paragraph 15 of Schedule 6 to a marine plan— (a) the Secretary of State is to give notice of that decision to the marine plan authority, (b) within 7 days of receiving that notice, the marine plan authority must publish notice of the withdrawal of the marine plan in each appropriate Gazette, and (c) the marine plan is withdrawn as from the date on which the notice is so published. (5) Where a marine plan is withdrawn under this section, the marine plan authority must take such further steps as it considers appropriate to secure that the withdrawal of the marine plan is brought to the attention of interested persons. (6) In this section— “appropriate Gazette” means— the London Gazette, if the marine plan is for a marine plan area in the English inshore region or the Welsh inshore region; in any other case, each of the Gazettes; “the Gazettes” means— the London Gazette; the Edinburgh Gazette; and the Belfast Gazette; “interested persons” means— any persons appearing to the marine plan authority to be likely to be interested in, or affected by, the withdrawal of the marine plan, and members of the general public.
Propose a change(1) A marine plan authority must keep under review the matters which may be expected to affect the exercise of its functions relating to— (a) the identification of areas which are to be marine plan areas, and (b) the preparation, adoption, review, amendment or withdrawal of marine plans for those areas. The reference in paragraph (b) to review is a reference to the functions of the marine plan authority under section 61. (2) The matters include— (a) the physical, environmental, social, cultural and economic characteristics of the authority's region and of the living resources which the region supports; (b) the purposes for which any part of the region is used; (c) the communications, energy and transport systems of the region; (d) any other considerations which may be expected to affect those matters. (3) The matters also include— (a) any changes which could reasonably be expected to occur in relation to any such matter; (b) the effect that any such changes may have in relation to the sustainable development of the region, its natural resources, or the living resources dependent on the region. (4) The reference in subsection (2)(a) to the cultural characteristics of the authority's region includes a reference to characteristics of that region which are of a historic or archaeological nature.
Propose a change(1) A marine plan authority may give directions under this section. (2) A direction under this section is a direction which— (a) designates any of the delegable marine plan functions which would (apart from directions under this section) be exercisable by or in relation to the authority, and (b) directs that those functions, instead of being so exercisable, are to be exercisable by or in relation to such public body, acting on behalf of the authority, as is designated in the direction. (3) An authority which gives a direction under this section may do so only with the consent of the public body. (4) The public body— (a) must comply with the direction, and (b) is to be taken to have all the powers necessary to do so. (5) In this section “delegable marine plan functions” means— (a) functions under Chapter 2 of this Part (marine plans), and (b) functions under section 61 (monitoring etc of implementation), other than excepted functions. (6) The “excepted functions” are the following functions of a marine plan authority— (a) deciding under paragraph 15 of Schedule 6 whether to publish a marine plan or any amendment of a marine plan; (b) deciding under section 53 whether to withdraw a marine plan. (7) No direction may be given under this section in respect of any of the following functions of the Secretary of State— (a) deciding under paragraph 5 of Schedule 6 whether to give agreement to a statement of public participation; (b) deciding under paragraph 7 of that Schedule whether to give agreement to a revised statement of public participation; (c) deciding under paragraph 11 of that Schedule whether to give agreement to a consultation draft; (d) deciding under paragraph 15 of that Schedule whether to give agreement to a marine plan; (e) deciding under section 53 whether to withdraw agreement previously given under that paragraph to a marine plan.
Propose a change(1) An authority which gives a direction under section 55 must publish the direction in a way calculated to bring the direction to the attention of persons likely to be interested in or affected by it. (2) For so long as a direction given and published under that section remains in force, the designated functions are exercisable by or in relation to the public body acting on behalf of the authority (and are not exercisable by or in relation to the authority). (3) Subsection (2) is subject to any provision to the contrary which— (a) is made by the direction, or (b) is included in a direction under section 57. (4) A direction under section 55 may include— (a) such terms or conditions, (b) such obligations or requirements, (c) such financial provisions, as the authority giving the direction may determine. (5) Directions under section 55 may make different provision for different cases, different areas or different public bodies.
Propose a change(1) This section applies where any functions are exercisable by or in relation to a public body by virtue of a direction given under section 55 by an authority. (2) The authority may from time to time give directions to the public body with respect to the performance of the functions. (3) Before giving any such directions, the authority must consult the public body. (4) A public body to which directions are given under this section must comply with the directions. (5) An authority which gives a direction under this section must publish the direction in a manner likely to bring the direction to the attention of persons likely to be interested in or affected by it.
Propose a change(1) A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents, unless relevant considerations indicate otherwise. (2) If a public authority takes an authorisation or enforcement decision otherwise than in accordance with the appropriate marine policy documents, the public authority must state its reasons. (3) A public authority must have regard to the appropriate marine policy documents in taking any decision— (a) which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area, but (b) which is not an authorisation or enforcement decision. (4) An “authorisation or enforcement decision” is any of the following— (a) the determination of any application (whenever made) for authorisation of the doing of any act which affects or might affect the whole or any part of the UK marine area, (b) any decision relating to any conditions of such an authorisation, (c) any decision about extension, replacement, variation, revocation or withdrawal of any such authorisation or any such conditions (whenever granted or imposed), (d) any decision relating to the enforcement of any such authorisation or any such conditions, (e) any decision relating to the enforcement of any prohibition or restriction (whenever imposed) on the doing of any act, or of any act of any description, falling within paragraph (a), but does not include any decision on an application for an order granting development consent under the Planning Act 2008 (c. 29) (in relation to which subsection (3) has effect accordingly). (5) In section 104(2) of the Planning Act 2008 (matters to which Panel or Council must have regard in deciding application for order granting development consent) after paragraph (a) insert— (aa) the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009; . (5A) This section does not apply to a decision on an application for infrastructure consent under the Infrastructure (Wales) Act 2024. (6) In this section— “act” includes omission; “appropriate marine policy document” is to be read in accordance with section 59; “authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.
Propose a change(1) This section has effect for the purpose of determining what are the appropriate marine policy documents for a public authority taking a decision falling within subsection (1) or (3) of section 58. (2) For that purpose— (a) subsection (3) has effect, subject to subsection (4), for determining whether any marine plan is an appropriate marine policy document, and (b) subsection (5) has effect for determining whether an MPS is an appropriate marine policy document. (3) To the extent that the decision relates to a marine plan area, any marine plan which is in effect for that area is an appropriate marine policy document. (4) A marine plan for an area in a devolved marine planning region is an appropriate marine policy document in relation to the exercise of retained functions by a public authority only if— (a) it contains a statement under section 51(8) that it includes provision relating to retained functions, (b) it was adopted with the agreement of the Secretary of State under paragraph 15(2) of Schedule 6, and (c) it was prepared and adopted at a time when an MPS was in effect which governed marine planning for the marine planning region. (5) Any MPS which is in effect is an appropriate marine policy document for each of the following public authorities— (a) any Minister of the Crown; (b) any government department; (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, and the 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), but includes 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.
Propose a change(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)); (c) Northern Ireland government 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; (c) a Northern Ireland government 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; (c) a secondary devolved Northern Ireland 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), but includes 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.
Propose a change(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; (c) the progress being made towards securing those objectives; (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; (c) describes any intentions the authority may have for the preparation and adoption of any further marine plans. (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; (c) in the case of the Welsh Ministers, the National Assembly for Wales; (d) in the case of the Department of the Environment in Northern Ireland, the Northern Ireland Assembly.
Propose a change(1) This section applies to— (a) any MPS, (b) any amendment of an MPS, (c) any marine plan, (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, or section 55 (delegation); “procedural requirement” means any requirement— under the appropriate powers, or in 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.
Propose a change(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.
Propose a change(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.
Propose a change(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).
Propose a change(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, or any 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, or a container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure, unless the deposit is carried out in an area beyond national jurisdiction. 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, or in 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 except in an area beyond national jurisdiction, 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, or from 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, or on 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 , except in an area beyond national jurisdiction, on— a British vessel or British marine structure, or a 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. 14. | To deposit any substance or object in an area beyond national jurisdiction either in the sea or on or under the sea bed from— a British vessel, British aircraft or British marine structure, or a container floating in the sea, if the deposit is controlled from a British vessel, British aircraft or British marine structure. 15. | To deposit any substance or object in an area beyond national jurisdiction in the sea or on or under the sea bed where the person carrying on, or causing or permitting any other person to carry on, the deposit is a United Kingdom person. 16. | To scuttle any vessel or floating container at sea in an area beyond national jurisdiction, if the scuttling is controlled from a British vessel, British aircraft or British marine structure. 17. | To scuttle any vessel or floating container at sea in an area beyond national jurisdiction where the person carrying on, or causing or permitting any other person to carry on, the scuttling is a United Kingdom person. 18. | To construct, alter or improve any works in an area beyond national jurisdiction either in or over the sea or on or under the sea bed, if— such activity is carried on or controlled from a British vessel or British marine structure, or the person carrying on, or causing or permitting any other person to carry on, such activity is a United Kingdom person. 19. | To use a vessel, aircraft, marine structure or floating container to remove any substance or object from the sea bed in an area beyond national jurisdiction, if— the vessel, aircraft or marine structure is a British vessel, British aircraft or British marine structure, the floating container is controlled from a British vessel, British aircraft, or British marine structure, or the person carrying on, or causing or permitting any other person to carry on, the removal is a United Kingdom person. 20. | To carry out any form of dredging in an area beyond national jurisdiction (whether or not involving the removal of any material from the sea or sea bed) if— the dredging is carried on or controlled from a British vessel or British marine structure, or the person carrying on, or causing or permitting any other person to carry on, the dredging is a United Kingdom person. 21. | To deposit or use any explosive substance or article in an area beyond national jurisdiction either in the sea or on or under the sea bed, if— the deposit or use is made or carried out from a British vessel, British aircraft, or British marine structure, the deposit or use is made from a floating container controlled from a British vessel, British aircraft, or British marine structure, or the person carrying on, or causing or permitting any other person to carry on, the deposit or use is a United Kingdom person. 22. | To incinerate any substance or object at sea in an area beyond national jurisdiction on— a British vessel or British marine structure, or a container floating in the sea, if the incineration is controlled from a British vessel, British aircraft or British marine structure. 23. | To incinerate any substance or object at sea in an area beyond national jurisdiction where the person carrying on, or causing or permitting any other person to carry on, the incineration is a United Kingdom person. (2) In subsection (1)— (a) in items 9 and 20, “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, 13, 22 and 23, “incineration” means the combustion of a substance or object for the purpose of its thermal destruction (and in items 11, 12, 22 and 23 “incinerate” is to be read accordingly). (c) “United Kingdom person” has the same meaning that it has in section 27(1) of the Biodiversity Beyond National Jurisdiction Act 2026. (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 this section— “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.
Propose a change(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 (c) to permit such investigations, examinations and tests, 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.
Propose a change(1) This section applies where the Welsh Ministers are the appropriate licensing authority. (2) The licensing authority may provide advice or other assistance to any person who requests it in connection with— (a) an application which the person proposes to make to the licensing authority for a marine licence, or (b) any other matter in respect of which the licensing authority exercises functions under this Part. (3) The licensing authority may charge fees in respect of the reasonable costs incurred by it in connection with the provision of advice or other assistance under subsection (2).
Propose a change(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; (c) in relation to Northern Ireland, a district council.
Propose a change(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, (c) the need to prevent interference with legitimate uses of the sea, 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 or item 18 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.
Propose a change(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.
Propose a change(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 (c) refuse the application. (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; (c) as to the keeping of records or the making of returns or giving of other information to the authority; (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 or item 18 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.
Propose a change(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; (c) in the interests of safety of navigation; (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).
Propose a change(1) This section applies where the appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers. (2) The licensing authority may require the licensee to pay a fee for— (a) monitoring an activity authorised by the licence, (b) assessing and interpreting the results of any monitoring of an activity authorised by the licence, or (c) where the Welsh Ministers are the licensing authority, dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72. (2A) Where the licensing authority is the Secretary of State or the Scottish Ministers, the authority may charge a fee for dealing with— (a) a variation of the licence under section 72(3) (whether or not on an application), or (b) a transfer and variation of the licence under section 72(7). (3) In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine— (a) the environmental, economic or social consequences of any activity authorised by the licence, or (b) whether the licensee is complying with any conditions attached to that licence. (4) The fees that may be charged under subsections (2) and (2A) are to be determined by or in accordance with regulations made by the licensing authority. (5) Regulations under subsection (4) may provide for different fees for different cases. (6) If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine— (a) where the Welsh Ministers are the licensing authority, an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, or (b) where the licensing authority is the Secretary of State or the Scottish Ministers, an application for a variation of a licence under section 72(3) or a transfer and variation of a licence under section 72(7), the authority may require the licensee or (as the case may be) other applicant to pay a fee towards the reasonable expenses of that investigation, examination or test. (7) If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence. (8) The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection). (9) If a licensee or other applicant who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may— (a) refuse to proceed with the application, or (b) refuse to proceed with it until the failure is remedied.
Propose a change(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; (c) provision as to the powers of any person to whom the appeal is made; (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.
Propose a change(1) If a person is aggrieved by a decision of the Scottish Ministers to which this section applies, and wishes to question the validity of the decision on either of the grounds mentioned in subsection (2), the person (the “aggrieved person”) may make an application to the Inner House of the Court of Session under this section. (2) The grounds are that— (a) the decision is not within the powers of the Scottish Ministers under this Part, (b) one or more of the relevant requirements have not been complied with in relation to the decision. (3) This section applies to— (a) a decision to cause, or not to cause, an inquiry to be held under section 70(1) in connection with the Scottish Ministers’ determination of an application for a marine licence to carry on an activity in respect of which a generating station application must also be made, and (b) a decision under section 71 in relation to an application for a marine licence to carry on such an activity. (4) An application under this section must be made within the period of 6 weeks beginning with the date on which the decision to which the application relates is taken. (5) On an application under this section, the Inner House of the Court of Session— (a) may suspend the decision until the final determination of the proceedings, (b) may quash the decision either in whole or in part if satisfied that— (i) the decision in question is not within the powers of the Scottish Ministers under this Part, or (ii) the interests of the aggrieved person have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to the decision. (6) In this section— “generating station application” means an application for consent under section 36 of the Electricity Act 1989 (consent for the construction etc. of generating stations) which falls (or would fall) to be granted by the Scottish Ministers; “the relevant requirements”, in relation to a decision to which this section applies, means the requirements of this Act, or of any order or regulations made under this Part, which are applicable to that decision.
Propose a change(1) No proceedings may be taken in respect of an application under section 73A(1) unless the Inner House of the Court of Session has granted permission for the application to proceed. (2) The Court may grant permission under subsection (1) for an application to proceed only if it is satisfied that— (a) the applicant can demonstrate a sufficient interest in the subject matter of the application, and (b) the application has a real prospect of success. (3) The Court may grant permission under subsection (1) for an application to proceed— (a) subject to such conditions as the Court thinks fit, or (b) only on such of the grounds specified in the application as the Court thinks fit.
Propose a change(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, (c) the need to prevent interference with legitimate uses of the sea, 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.
Propose a change(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), (c) any order under section 1 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)), or (d) section 10(3) of that Act. (4) In this section— “dredging or spoil disposal activity” means— any dredging operation, or the 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.
Propose a change