Marine and Coastal Access Act 2009

58 Decisions affected by marine policy documents

(1) A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents, unless relevant considerations indicate otherwise.

(2) If a public authority takes an authorisation or enforcement decision otherwise than in accordance with the appropriate marine policy documents, the public authority must state its reasons.

(3) A public authority must have regard to the appropriate marine policy documents in taking any decision—

(a) which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area, but

(b) which is not an authorisation or enforcement decision.

(4) An “authorisation or enforcement decision” is any of the following—

(a) the determination of any application (whenever made) for authorisation of the doing of any act which affects or might affect the whole or any part of the UK marine area,

(b) any decision relating to any conditions of such an authorisation,

(c) any decision about extension, replacement, variation, revocation or withdrawal of any such authorisation or any such conditions (whenever granted or imposed),

(d) any decision relating to the enforcement of any such authorisation or any such conditions,

(e) any decision relating to the enforcement of any prohibition or restriction (whenever imposed) on the doing of any act, or of any act of any description, falling within paragraph (a),

but does not include any decision on an application for an order granting development consent under the Planning Act 2008 (c. 29) (in relation to which subsection (3) has effect accordingly).

(5) In section 104(2) of the Planning Act 2008 (matters to which Panel or Council must have regard in deciding application for order granting development consent) after paragraph (a) insert—

“(aa) the appropriate marine policy documents (if any), determined in accordance with section 59 of the Marine and Coastal Access Act 2009;”.

(6) In this section—

• “act” includes omission;

• “appropriate marine policy document” is to be read in accordance with section 59;

• “authorisation” means any approval, confirmation, consent, licence, permission or other authorisation (however described), whether special or general.