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Marine and Coastal Access Act 2009

Schedule 8: Licensing: Minor and Consequential Amendments

937.Part 1 of this Schedule makes a number of consequential amendments to the Coast Protection Act 1949 (CPA), the Food and Environment Protection Act 1985 (FEPA), the Government of Wales Act 2006 (GOWA) and the Planning Act 2008. Part 2 of this Schedule makes further amendments to FEPA, and to the Petroleum Act 1998.

Paragraph 2: The Food and Environment Protection Act 1985

938.This paragraph amends Part 2 of FEPA restricting its geographical scope to the Scottish inshore region.

Paragraph 3: The Government of Wales Act 2006

939.Paragraph 4(1)(a) of Schedule 3 to GOWA extends the power confirmed in section 58(1)(c) of that Act to provide that a Minister of the Crown may only exercise functions under Part 2 of FEPA in “Welsh controlled waters” after consultation with the Welsh Ministers. “Welsh controlled waters” are defined in paragraph 4(2) of Schedule 3 to GOWA as that part of the sea beyond the seaward boundary of the territorial sea which is adjacent to Wales.

940.Paragraph 3 of this Schedule amends paragraph 4 of Schedule 3 to GOWA by replacing reference to the Minister of the Crown’s functions under Part 2 of FEPA with their direct equivalents in Part 4 of the Act.

Paragraph 4: The Planning Act 2008

941.Sections 148 and 149 of the Planning Act 2008 make provision such that an order granting development consent under that Act may include provision deeming consent under section 34 of the CPA and Part 2 of FEPA, respectively. This paragraph amends the Planning Act 2008 by replacing those provisions with provision for an order granting development consent to include provision deeming a marine licence to have been issued under Part 4 of the Act.

Paragraphs 5 and 6: Electronic communications apparatus: operations in tidal waters etc; Electronic communications: emergency works

942.These two paragraphs insert provision equivalent to sections 80 and 87 of this Act into FEPA as it will continue to apply to the Scottish inshore region.

Paragraph 7: Application of Part 3 in relation to submarine pipelines

943.This paragraph introduces two new order making powers into the Petroleum Act 1998. The first power in sub-paragraph (2) provides for the Secretary of State to be able to disapply Part 3 of the Petroleum Act 1998 to any pipelines specified by order. This may apply to individual pipelines or more generic descriptions of pipelines. On commencement of any such order, pipelines no longer regulated under Part 3 of the Petroleum Act 1998 will become fully licensable under the Act by virtue of section 65.

944.The second power, in sub-paragraph (3), provides for the Secretary of State to apply Part 3 of the Petroleum Act 1998 to pipelines not currently subject to regulation under that Act. It may only be used to include pipelines used in the connection with exploration for, exploitation of, petroleum, or the importation of petroleum into the UK.

Paragraph 8: Exception of certain pipelines from being “submarine pipelines” for the purposes of Part 4

945.This paragraph amends the definition of “submarine pipelines” in Part 4 of the Petroleum Act 1998. It prevents any pipeline specified in an order made under sub-paragraph (2) of paragraph 7 being captured by Part 4 of that Act “(abandonment of offshore installations)”.

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