Part 10: Miscellaneous
Natural England
Section 311: Area in which functions of Natural England exercisable
803.This section amends section 1 of the Natural Environment and Rural Communities Act 2006 in order to clarify the area over which Natural England may exercise its functions. Subsection (2) amends subsection (3) of the 2006 Act so that the reference to England includes, where the context requires, the territorial sea adjacent to England (up to 12 nautical miles from baseline). Subsection (3) inserts subsection (3A), which provides that orders defining the boundaries of the territorial sea adjacent to England, where it meets the sea adjacent to Wales and Scotland, apply for the purposes of section 1 of the 2006 Act.
804.Natural England and its predecessor bodies have regularly undertaken research and given advice on relevant marine issues within territorial waters. However, a new formulation of their territorial scope was expressed in the 2006 Act which it has been suggested might restrict their scope. So this section is not intended to alter the status quo, but merely to make it clear that Natural England may exercise functions in the territorial sea adjacent to England.
Section 312: Natural England not to be responder for Civil Contingencies Act 2004
805.This section amends Schedule 1 to the Civil Contingencies Act 2004 (category 1 and 2 responders) so as to omit paragraph 11A (Natural England). Paragraph 11A was inserted by paragraph 174 of Schedule 11 to the Natural Environment and Rural Communities Act 2006, and had the effect of making Natural England a category 1 responder. Such responders have duties under section 2 of the 2004 Act (for example, to assess emergency risks and to maintain contingency plans). It has not been commenced. This section will remove Natural England from the lists of category 1 responders. Natural England has an important role in certain types of emergency, but it has been concluded that non-statutory arrangements are a more cost-effective way of engaging them.
Countryside Council for Wales
Section 313: Area in which functions of Countryside Council for Wales exercisable
806.This section amends Part 7 of the Environmental Protection Act 1990 in order to clarify the area over which the Countryside Council for Wales may exercise its functions. The effect of section 313(2) is to amend the 1990 Act in order to clarify that CCW’s functions are, except where otherwise expressly provided, exercisable in relation to Wales only. “Wales” is defined by reference to the definition of “Wales” in the Government of Wales Act 2006. This means that CCW’s functions are exercisable in the sea adjacent to Wales up to 12 nautical miles from the baseline.
807.The effect of section 313(3) and the proposed amendment to section 132 of the 1990 Act is that CCW will be able to:
provide advice to the Welsh Ministers on the development and implementation of policies for or affecting nature conservation in Wales and the Welsh zone;
provide advice and the dissemination of knowledge to any persons about nature conservation in Wales and the Welsh zone, or about matters arising from the discharge of their functions under section 132 or section 134 of the 1990 Act in relation to Wales and the Welsh zone; and
commission or support (whether by financial means or otherwise) research which in their opinion is relevant to any of their functions under section 132 or section 134 in relation to Wales or the Welsh zone.
808.CCW will also be able to accept any gifts or contributions made to them for these purposes and, subject to the terms of the gift or contribution, to apply it to those purposes. Where it is appropriate for CCW to carry out research themselves instead of commissioning or supporting other people’s research under section 132(1)(e), CCW will also be able to initiate and carry out research directly related to those functions. The amendment to section 134 of the 1990 Act means that CCW’s functions in relation to the giving of financial assistance and the making of grants are also exercisable in relation to Wales and the Welsh zone.
Works detrimental to navigation
Section 314: Works detrimental to navigation
809.This section inserts a new navigational consenting regime into the Energy Act 2008 and provides a variety of powers for the enforcement of that regime.
810.Consent under these provisions is only needed if all the following are satisfied:
the operation being undertaken falls within a description listed in subsection (4) of the inserted section 79A;
the operation is being carried out subject to any of the legislative permissions mentioned in subsection (5) of the inserted section 79A;
the operation causes, or is likely to result in, obstruction or danger to navigation, either while the operation is being carried out or after its completion (section 79A(3)(a)). This includes any intended use to which any works in question are likely to be put (section 79A(7)).
811.Consent will not be needed under these provisions if the operation in question requires a marine licence under Part 4 of this Act.
812.The Secretary of State may publish notice of any applications received (section 79B(2)) and may direct a local inquiry to be held (section 79B(4)) into that application before making any determination under section 79C.
813.The Secretary of State may give consent subject to any conditions as he or she thinks fit (section 79C). The conditions may remain in force for a set period of time or indefinitely (section 79D(2)) and may bind not only the person to whom consent is given, but also any other person who owns, occupies or enjoys the use of the works forming the subject of the consent (section 79D(3)). It is an offence to fail to comply with a consent or any condition of a consent and any offender will be subject to the penalties specified in section 79I(2).
814.In the event of a consent holder failing to comply with any provision of a consent, the Secretary of State may direct the consent holder to take appropriate steps to bring them into compliance (section 79E). Failure to comply with any such direction is an offence subject to the penalties specified in section 79K(2).
815.If, after consent has been given, a danger to navigation arises because substantial damage, or other substantial and unforeseen changes in the state of any works, has occurred, the Secretary of State may serve an “emergency safety notice” on the consent holder (section 79F). The requirements that an emergency safety notice may impose relate only to those matters given in section 79F(5). If a consent holder fails to comply with any requirement of an emergency safety notice the Secretary of State may make arrangements to ensure compliance with that notice and recover the costs of doing so from the consent holder or other person bound by a consent (section 79G(3)). Further, it is an offence to comply with an emergency safety notice, and a person committing such an offence is subject to the penalties given in section 79L(2).
816.The Secretary of State may impose an “immediate action notice” on a consent holder, or other person bound by a condition on a consent, if as a result of a failure to comply with a consent condition a danger to navigation has arisen (section 79H). The immediate action notice may impose a requirement on a person to comply with the condition or to take action to remedy their failure to comply with the condition. If a consent holder, or other person on whom a notice is served, fails to comply with any requirement of an immediate action notice the Secretary of State may make arrangements to ensure compliance with that notice and recover the costs of doing so from the consent holder or other person bound (section 79G(1) to (6) applies by virtue of section 79H(5)). Further, it is an offence to comply with an immediate action notice, and a person committing such an offence is subject to the penalties given in section 79L(2).
817.In addition to using any of the other enforcement powers, the Secretary of State may apply to a court for an injunction (or interdict in Scotland) to restrain any breach of a consent (section 79M).
818.The Secretary of State has the power to appoint inspectors to assist in the carrying out of his or her functions under these provisions (section 79N).
819.The Secretary of State may by order extend these provisions, subject to modification, to Scottish inshore waters but only in so far as they relate to activities that Scottish Ministers do not have the power to control or regulate for the purpose of preventing obstruction or danger to navigation (section 79P).
Harbours Act 1964
Section 315: Amendments of the Harbours Act 1964
820.Schedule 21 sets out a number of miscellaneous amendments of the Harbours Act 1964.