Marine and Coastal Access Act 2009

113 The appropriate licensing authority U.K.

(1) This section has effect for determining who is the appropriate licensing authority for any area (and any licensable marine activity carried on in that area).

(2) In relation to the Scottish offshore region, the appropriate licensing authority is—

(a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (3);

(b) except as provided by paragraph (a), the Scottish Ministers.

(3) The activities are—

(a) any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46) (but see also section 77 above (this Part not to apply to certain oil and gas etc activities));

(b) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 in Part 1 of that Schedule (defence);

(c) any activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (c. 21) (pollution etc).

(4) In relation to Wales[F1 , the Welsh inshore region and the Welsh offshore region], the appropriate licensing authority is—

(a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (5);

(b) except as provided by paragraph (a), the Welsh Ministers.

(5) The activities are—

(a) any activity concerning or arising from the exploration for, or production of, petroleum (but see also section 77 (this Part not to apply to certain oil and gas etc activities));

(b) any defence activity other than an excepted activity.

[F2 (c) in relation to the Welsh offshore region, any activity falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc).]

Subsection (9) supplements this subsection.

(6) In relation to Northern Ireland and the Northern Ireland inshore region, the appropriate licensing authority is—

(a) the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (7);

(b) except as provided by paragraph (a), the Department of the Environment in Northern Ireland.

(7) The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (defence of the realm etc).

(8) In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.

(9) In subsection (5)—

• “defence activity” means any activity relating to—

  (a)

  the defence of the realm;

  (b)

  the naval, military or air forces of the Crown, including reserve forces;

  (c)

  visiting forces;

  (d)

  international headquarters and defence organisations;

  (e)

  trading with the enemy and enemy property;

• “excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of—

  (a)

  any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or

  (b)

  any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;

• “petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).

Textual Amendments

F1 Words in s. 113(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 46(2)(a), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(j)

F2 S. 113(5)(c) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 46(2)(b), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(j)

Commencement Information

I1 S. 113 partly in force; s. 113 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2 S. 113 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)