Marine and Coastal Access Act 2009

107 Power to test, and charge for testing, certain substances

(1) A licensing authority may, at the request of any person, conduct tests for the purpose of ascertaining the probable effect on the marine environment of using any of the following substances—

(a) any marine chemical treatment substance;

(b) any marine oil treatment substance;

(c) any marine surface fouling cleaner.

(2) In this section—

• “marine chemical treatment substance” means any substance used or intended to be used for treating chemicals—

  (a)

  on the surface of the sea or of the sea bed;

  (b)

  in the case of a wash-off substance, on any surface of a marine structure;

• “marine oil treatment substance” means any substance used or intended to be used for treating oil on the surface of the sea;

• “marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter—

  (a)

  from the surface of the sea or of the sea bed;

  (b)

  in the case of a wash-off substance, from any surface of a marine structure or vessel at times when the structure or vessel is in the sea or on the sea bed;

• “surface fouling matter” means any fouling, and includes, in particular,—

  (a)

  any algae;

  (b)

  any surface oil or chemical residue;

• “surface oil or chemical residue” means any residual matter on a surface after the removal, or substantial removal, of any oil or chemical (whether by natural processes, or by treatment, or in any other way);

• “wash-off substance”, in relation to a marine structure or vessel, means any substance which, if used on a surface of the marine structure or vessel, will or might (whether in whole or to a significant extent)—

  (a)

  be removed from that surface, and

  (b)

  be deposited in the sea,

  whether by natural processes, or by treatment, or in any other way.

(3) A licensing authority may recover any expenses reasonably incurred in conducting any tests under subsection (1) from any person at whose request those tests were conducted.