Marine and Coastal Access Act 2009 - legislation.gov.uk

1 Marine and Coastal Access Act 2009 CHAPTER 23 CONTENTSPART 1 THE Marine MANAGEMENT ORGANISATIONCHAPTER 1 ESTABLISHMENT1 The Marine Management Organisation2 General objective3 PerformanceCHAPTER 2 TRANSFER OF FUNCTIONS TO THE MMOSea Fish (Conservation) Act 19674 Licensing of fishing boats5 Restrictions on time spent at sea: appeals6 Trans-shipment licences for vessels7 Regulations supplementary to sections 4 and 4A8 Exemptions for operations for scientific and other purposesNature conservation9 Licences to kill or take seals10 Wildlife and Countryside Act 198111 Sea Fisheries (Wildlife Conservation) Act 1992 Generating and renewable energy installations12 Certain consents under section 36 of the Electricity Act 1989 Marine and Coastal Access Act 2009 (c. 23)ii13 Safety zones: functions under section 95 of the Energy Act 2004 CHAPTER 3 AGREEMENTS INVOLVING THE MMO FOR THE EXERCISE OF FUNCTIONSP owers to enter into agreements14 Agreements between the Secretary of State and the MMO15 Agreements between the MMO and eligible bodies16 Eligible bodies17 Non-delegable functions18 Maximum duration of agreementSupplementary provisions19 Particular powers20 Agreements with certain harbour authorities21 Supplementary provisions with respect to agreements22 Interpretation of this ChapterCHAPTER 4 MISCELLANEOUS, GENERAL AND SUPPLEMENTAL PROVISIONSA pplications for development consent23 MMO s role in relation to applications for development consentGeneral powers and duties24 Research25 Advice.

2 Assistance and training facilities26 Provision of information etc27 Power to charge for services28 Provision of information by the MMO to the Secretary of State29 Power to bring proceedings30 Continuation of certain existing prosecutions31 Incidental powersFinancial provisions32 Grants33 Borrowing powers34 Limit on borrowing35 Government loans36 Government guaranteesDirections and guidance37 Directions by the Secretary of State38 Guidance by the Secretary of StateMarine and Coastal Access Act 2009 (c. 23)iiiTransfer schemes etc39 Transfer schemes40 Interim arrangementsPART 2 EXCLUSIVE ECONOMIC ZONE, UK Marine AREA AND WELSH ZONE41 Exclusive economic zone42UK Marine area43 Welsh zonePART 3 Marine PLANNINGCHAPTER 1 Marine POLICY STATEMENT44 Marine policy statement45 Preparation and coming into effect of statement46 Review of statement47 Amendment of statement48 Withdrawal of, or from, statementCHAPTER 2 Marine PLANS49 Marine planning regions50 Marine plan authorities51 Marine plans for Marine plan areas52 Amendment of Marine plan53 Withdrawal of Marine plan54 Duty to keep relevant matters under reviewCHAPTER 3 DELEGATION OF FUNCTIONS RELATING TO Marine PLANS55 Delegation of functions relating to Marine plans56 Directions under section 55.

3 Supplementary provisions57 Directions to public bodies as regards performance of delegated functionsCHAPTER 4 IMPLEMENTATION AND EFFECTD ecisions affected by an MPS or Marine plan58 Decisions affected by Marine policy documents59 The appropriate Marine policy documents60 Meaning of retained functions etcMarine and Coastal Access Act 2009 (c. 23)ivMonitoring and reporting61 Monitoring of, and periodical reporting on, implementationCHAPTER 5 MISCELLANEOUS AND GENERAL PROVISIONSV alidity of documents under this Part62 Validity of Marine policy statements and Marine plans63 Powers of the court on an application under section 62 Interpretation and Crown application64 Interpretation and Crown application of this PartPART 4 Marine LICENSINGCHAPTER 1 Marine LICENCES65 Requirement for licence66 Licensable Marine activities67 Applications68 Notice of applications69 Determination of applications70 Inquiries71 Licences72 Variation, suspension.

4 Revocation and transfer73 Appeals against licensing decisionsCHAPTER 2 EXEMPTIONS AND SPECIAL CASESE xemptions74 Exemptions specified by order75 Exemptions for certain dredging etc activities76 Dredging in the Scottish zone77 Oil and gas activities and carbon dioxide storageSpecial provisions in certain cases78 Special procedure for applications relating to harbour works79 Special procedure for applications relating to certain electricity works80 Electronic communications apparatus81 Submarine cables on the continental shelf82 Structures in, over or under a main river83 Requirements for Admiralty consent under local legislation84 Byelaws for flood defence and drainage purposesMarine and Coastal Access Act 2009 (c. 23)vCHAPTER 3 ENFORCEMENTO ffences85 Breach of requirement for, or conditions of, a licence86 Action taken in an emergency87 Electronic communications: emergency works88 Activity licensed by another State89 InformationEnforcement notices90 Compliance notice91 Remediation notice92 Further provision as to enforcement noticesCivil sanctions93 Fixed monetary penalties94 Fixed monetary penalties: procedure95 Variable monetary penalties96 Variable monetary penalties: procedure97 Further provision about civil sanctionsCHAPTER 4 DELEGATION98 Delegation of functions relating to Marine licensing99 Orders under section 98.

5 Supplementary provisions100 Directions to persons as regards performance of delegated functionsCHAPTER 5 SUPPLEMENTARYR egister101 RegisterStop notices and emergency safety notices102 Notice to stop activity causing serious harm etc103 Further provision as to stop notices104 Emergency safety notices105 Further provision as to emergency safety noticesOther powers106 Power to take remedial action107 Power to test, and charge for testing, certain substancesMarine and Coastal Access Act 2009 (c. 23)viAppeals against notices under this Part108 Appeals against noticesOffences: supplementary provision109 General defence of due diligence110 Offences: jurisdictionApplication to the Crown111 Application to the CrownConsequential and transitional provision112 Amendments and transitional provisionInterpretation113 The appropriate licensing authority114 Meaning of enforcement authority 115 Interpretation of this PartPART 5 NATURE CONSERVATIONCHAPTER 1 Marine CONSERVATION ZONESD esignation of zones116 Marine conservation zones117 Grounds for designation of MCZs118 Further provision as to orders designating MCZs119 Consultation before designation120 Publication of orders designating MCZs121 Hearings by appropriate authority122 Amendment.

6 Revocation and review of orders designating MCZsDuties relating to network123 Creation of network of conservation sites124 ReportDuties of public authorities125 General duties of public authorities in relation to MCZs126 Duties of public authorities in relation to certain decisions127 Advice and guidance by conservation bodies128 Failure to comply with duties etcMarine and Coastal Access Act 2009 (c. 23)viiByelaws for protection of MCZs etc: England129 Byelaws for protection of MCZs in England130 Byelaws: procedure131 Emergency byelaws132 Interim byelaws133 Further provision as to byelawsOrders for protection of MCZs etc: Wales134 Orders for protection of MCZs in Wales135 Consultation etc regarding orders under section 134136 Interim orders137 Further provision as to orders made under section 134 or 136 Hearings138 Hearings by Secretary of State or Welsh MinistersOffences139 Offence of contravening byelaws or orders140 Offence of damaging etc protected features of MCZs141 Exceptions to offences under section 139 or 140 Fixed monetary penalties142 Fixed monetary penalties143 Fixed monetary penalties.

7 Procedure144 Further provision about fixed monetary penaltiesMiscellaneous and supplemental145 Application to the Crown146 Consequential and transitional provision147 Interpretation of this ChapterCHAPTER 2 OTHER CONSERVATION SITES148 Marine boundaries of SSSIs and national nature reservesPART 6 MANAGEMENT OF INSHORE FISHERIESCHAPTER 1 INSHORE FISHERIES AND CONSERVATION AUTHORITIESI nshore fisheries and conservation districts and authorities149 Establishment of inshore fisheries and conservation districts150 Inshore fisheries and conservation authoritiesMarine and Coastal Access Act 2009 (c. 23)viii151 Membership and proceedings of IFC authorities152 Amendment or revocation of orders under section 149 Main duties153 Management of inshore fisheries154 Protection of Marine conservation zonesByelaws155 Power to make byelaws156 Provision that may be made by byelaw157 Emergency byelaws158 Byelaws: supplementary provision159 Power of Secretary of State to amend or revoke byelaws160 Byelaws: procedure161 Inquiries162 Evidence of byelawsOffences163 Offences164 Powers of court following convictionEnforcement165 Inshore fisheries and conservation officers166 Powers of IFC officersPower to delegate functions167 Power to enter into agreements with eligible bodies168 Eligible bodies169 Variation, review and cancellation of agreements under section 167170 Agreements under section 167.

8 Particular powers171 Supplementary provisions with respect to agreements under section 167 Other powers and duties of IFC authorities172 Development, etc of fisheries173 Provision of services by IFC authorities174 Duty of co-operation175 Information176 Accounts177 Annual plan178 Annual report179 Supplementary powersMiscellaneous and supplemental180 Expenses of IFC authorities181 IFC authority as party to proceedings182 Exemption from liability183 Report by Secretary of StateMarine and Coastal Access Act 2009 (c. 23)ix184 Minor and consequential amendments185 Application to the Crown186 Interpretation of this ChapterCHAPTER 2 LOCAL FISHERIES COMMITTEES187 Abolition of local fisheries committees188 Power to make consequential or transitional provision, etcCHAPTER 3 INSHORE FISHERIES IN WALES189 Power of Welsh Ministers in relation to fisheries in Wales190 Offences191 Powers of court following conviction192 Power to provide services for purposes of enforcement193 Miscellaneous amendmentsPART 7 FISHERIESCHAPTER 1 THE SEA FISH (CONSERVATION)

9 ACT 1967194 Size limits for sea fish195 Regulation of nets and other fishing gear196 Charging for commercial fishing licences197 Grant of licences subject to conditions imposed for environmental purposes198 Power to restrict fishing for sea fish199 Penalties for offences200 Offences by directors, partners, etc201 Minor and consequential amendmentsCHAPTER 2 THE SEA FISHERIES (SHELLFISH) ACT 1967202 Power to make orders as to fisheries for shellfish203 Variation etc of orders as a result of development204 Purposes for which tolls etc may be applied205 Increase in penalties for certain offences relating to fisheries for shellfish206 Liability of master, etc where vessel used in commission of offence207 Restrictions imposed by grantees, etc208 Cancellation of licence after single relevant conviction209 Register of licences210 Protection of private shellfish beds211 Use of implements of fishing212 Taking of crabs and lobsters for scientific purposes213 Orders prohibiting the taking and sale of certain lobstersMarine and Coastal Access Act 2009 (c.)

10 23)x214 Power to appoint inspector before making orders as to fisheries for shellfishCHAPTER 3 MIGRATORY AND FRESHWATER FISHT aking fish etc215 Prohibited implements216 Roe etc217 Licences to fish218 Limitation of licences219 Authorisation to fish220 Enforcement221 Power to specify fish222 Order-making powers: supplementary223 Definitions relating to fishByelaws224 Power to make byelaws225 Byelaws: emergency procedures226 Byelaws: enforcement227 Byelaws: compensationSupplementary228 Theft of fish from private fisheries etc229 Handling fish230 Duties of the Environment Agency231 Tweed and Esk fisheries232 Keeping, introduction and removal of fish233 Consequential and supplementary amendmentsCHAPTER 4 OBSOLETE FISHERIES ENACTMENTS234 Repeal of spent or obsolete enactmentsPART 8 ENFORCEMENTCHAPTER 1 ENFORCEMENT OFFICERSM arine enforcement officers235 Marine enforcement officers236 Enforcement of Marine licensing regime237 Enforcement of nature conservation legislation238 Enforcement of fisheries legislationMarine and Coastal Access Act 2009 (c.