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Infrastructure (Wales) Act 2024

Section 110 – Marine enforcement powers

288.This section amends the Marine and Coastal Access Act 2009 (“the 2009 Act”) by inserting new section 243A into that Act.

289.New section 243A provides the Welsh Ministers with a power to appoint persons for the purposes of enforcing the Infrastructure (Wales) Act 2024 in Wales and in the Welsh inshore region (and in relation to any vessel, aircraft or marine structure in this region, with the exception of any British warship).

290.The power gives the Welsh Ministers a wide discretion in who they appoint and gives a person appointed under this section the power under section 263 of the 2009 Act (power to require information relating to substances and objects) as well as the common enforcement powers set out in Chapter 2 of Part 8 of the 2009 Act (common enforcement powers) which include:

  • powers of entry, search and seizure,

  • powers to record evidence of offences and to require names and addresses,

  • powers to require the production of licences,

  • powers to require attendance of certain persons,

  • powers to direct vessels or marine installations to port,

  • powers relating to assisting enforcement officers, and

  • powers to use reasonable force.

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