The Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011.

(2) This Order, except for articles 3 to 5 and the Schedule, comes into force on 1st April 2011.

(3) Articles 3 to 5 and the Schedule come into force on 6th April 2011.

(4) An amendment made by this Order has the same extent as the provision to which it relates.

(5) In this Order, “the 2009 Act” means the Marine and Coastal Access Act 2009.

Appointed day – 1st April 2011

2.—(1) The day appointed for the coming into force of the provisions of the 2009 Act referred to in paragraph (2) is 1st April 2011.

(2) The provisions are—

(a) section 153 (management of inshore fisheries);

(b) section 154 (protection of marine conservation zones);

(c) sections 155 to 164 (which deal with byelaws including emergency byelaws, procedure, inquiries and offences);

(d) section 166 (powers of inshore fisheries and conservation officers);

(e) sections 167 to 171 (which deal with the power to enter into agreements with eligible bodies);

(f) section 172 (development, etc of fisheries);

(g) section 173 (provision of services by inshore fisheries and conservation authorities);

(h) section 175 (information);

(i) sections 176(2) and 178 (which deal with accounts and annual report);

(j) section 183 (report by Secretary of State);

(k) section 184 (minor and consequential amendments relating to inshore fisheries and conservation authorities) and Schedule 14 (inshore fisheries and conservation authorities: amendments), so far as not already commenced;

(l) section 185 (application to the Crown);

(m) section 186 (interpretation), so far as not already commenced;

(n) section 187 (abolition of local fisheries committees), except so far as relating to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales(1);

(o) Part 4 (management of inshore fisheries) of Schedule 22 (repeals) and section 321 (repeals) so far as relating to that Part, except so far as relating to sea fisheries districts in Wales, or any part of a sea fisheries district lying in Wales(2).

(3) In paragraph (2)(n) and (o), “Wales” includes the Welsh inshore region.

Appointed day – 6th April 2011

3.—(1) The day appointed for the coming into force of the provisions of the 2009 Act referred to in paragraph (2) is 6th April 2011.

(2) The provisions are—

(a) Part 4 (sections 65 to 115) (marine licensing), and Schedules 7 (further provision about civil sanctions under Part 4), 8 (licensing: minor and consequential amendments) and 9 (licensing: transitional provisions relating to Part 4), so far as not already commenced;

(b) in Part 8 (enforcement)—

(i) section 236 (enforcement of marine licensing regime);

(ii) section 240 (marine licensing: oil and gas and other reserved matters);

(iii) section 241 (marine licensing: Northern Ireland);

(iv) section 242 (marine licensing: enforcement in Scottish offshore region);

(v) Chapter 3 (section 263) (licensing enforcement powers);

(c) section 314 (works detrimental to navigation);

(d) Part 2 (marine licensing) of Schedule 22, and section 321 so far as relating to that Part.

Transitional provisions relating to Schedule 9 to the 2009 Act

4.—(1) This article applies to—

(a) marine waters within the meaning given by regulation 2(1) of the Marine Minerals Regulations; and

(b) Welsh waters within the meaning given by regulation 2(1) of the Welsh Marine Minerals Regulations.

(2) Sub-paragraphs (1) to (3) of paragraph 2 of Schedule 9 to the 2009 Act (certain CPA consents to be deemed marine licences) do not apply in relation to a CPA consent for any activity to be carried out in the course of relevant dredging where, before 6th April 2011, no environmental impact assessment has been carried out in relation to the activity proposed or the dredging in the course of which it is to be carried out.

(3) But paragraph (2) does not apply where, before 6th April 2011—

(a) the Secretary of State has made a determination under regulation 5(2) of the Marine Minerals Regulations or the regulator has made a preliminary determination under regulation 6 of those Regulations that the relevant dredging is not a relevant project;

(b) the Welsh Ministers have received a determination from the Secretary of State under regulation 5(2) of the Welsh Marine Minerals Regulations or have made a preliminary determination under regulation 6 of those Regulations that the relevant dredging is not a relevant project; or

(c) a decision has been made under the Marine Works Regulations that an environmental impact assessment is not required in relation to such part of the activity being carried out in the course of the relevant dredging as required CPA consent.

(4) For the purposes of paragraph (2), an environmental impact assessment includes—

(a) an assessment of any effects of the relevant dredging on the environment in accordance with—

(i) the Marine Minerals Regulations; or

(ii) the Welsh Marine Minerals Regulations;

(b) an assessment of any effects on the environment of the activity being carried out in the course of the relevant dredging and requiring CPA consent, in accordance with the Marine Works Regulations;

(c) an assessment of any effects of the relevant dredging on the environment, being an assessment which—

(i) has been carried out by a consenting authority other than the appropriate authority;

(ii) is sufficient to meet, in relation to the relevant dredging, the requirements of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment(3).

(5) For the purposes of paragraph (3)(c) a decision made under the Marine Works Regulations that an environmental impact assessment is not required includes—

(a) a determination to that effect made by the appropriate authority under regulation 8 or 10 of the Marine Works Regulations;

(b) a direction made by the Secretary of State under regulation 9 of those Regulations; and

(c) a screening opinion to that effect given by the appropriate authority under regulation 11 of those Regulations.

(6) In this article—

(a) “appropriate authority” has the same meaning as in regulation 2(1) of the Marine Works Regulations;

(b) “consenting authority”, in relation to relevant dredging, means any authority whose determination was required under any of the Government View documents, and for this purpose, “the Government View documents” means—

(i) the document entitled “Offshore Dredging for Sand, Gravel and Other Minerals”, dated April 1989, and published by the Department of the Environment and the Welsh Office; and

(ii) the document entitled “Government View: New Arrangements for the Licensing of Minerals Dredging”, dated May 1998, and published by the Department of the Environment, Transport and the Regions and the Welsh Office;

(c) “CPA consent” means consent under section 34(1) of the Coast Protection Act 1949(4);

(d) “the Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007(5), as those Regulations had effect immediately before 6th April 2011;

(e) “the Marine Works Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 2007(6);

(f) “relevant dredging” means dredging within the meaning given by—

(i) regulation 2 of the Marine Minerals Regulations; or

(ii) regulation 2 of the Welsh Marine Minerals Regulations;

(g) “the Welsh Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007(7), as those Regulations had effect immediately before 6th April 2011.

Consequential amendments

5.  The Schedule (consequential amendments (marine licensing)) has effect.

Richard Benyon

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

28th February 2011