http://www.legislation.gov.uk/ukpga/2009/23/section/113Marine and Coastal Access Act 2009An Act to make provision in relation to marine functions and activities; to make provision about migratory and freshwater fish; to make provision for and in connection with the establishment of an English coastal walking route and of rights of access to land near the English coast; to enable the making of Assembly Measures in relation to Welsh coastal routes for recreational journeys and rights of access to land near the Welsh coast; to make further provision in relation to Natural England and the Countryside Council for Wales; to make provision in relation to works which are detrimental to navigation; to amend the Harbours Act 1964; and for connected purposes.texttext/xmlenStatute Law Database2026-09-16Expert Participation2026-08-09 Marine and Coastal Access Act 2009s. 72A(2A)Levelling-up and Regeneration Act 2023s. 232(2)(d)s. 247s. 255(9)(a)Marine and Coastal Access Act 2009s. 72A(6)(a)Levelling-up and Regeneration Act 2023s. 232(2)(f)(i)s. 247s. 255(9)(a)Marine and Coastal Access Act 2009s. 72A(6)(a)Levelling-up and Regeneration Act 2023s. 232(2)(f)(ii)s. 247s. 255(9)(a)Marine and Coastal Access Act 2009s. 72A(6)(b) and wordLevelling-up and Regeneration Act 2023s. 232(2)(f)(iii)s. 247s. 255(9)(a) Part 4Chapter 51131This section has effect for determining who is the appropriate licensing authority for any area (and any licensable marine activity carried on in that area).2In relation to the Scottish offshore region, the appropriate licensing authority is—athe Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (3);bexcept as provided by paragraph (a), the Scottish Ministers.3The activities are—aany 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));bany activity relating to a matter which is a reserved matter by virtue of paragraph 9 in Part 1 of that Schedule (defence);cany activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (c. 21) (pollution etc).4In relation to Wales, the Welsh inshore region and the Welsh offshore region, the appropriate licensing authority is—athe Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (5);bexcept as provided by paragraph (a), the Welsh Ministers.5The activities are—aany 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));bany defence activity other than an excepted activity.cin 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.6In relation to Northern Ireland and the Northern Ireland inshore region, the appropriate licensing authority is—athe Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (7);bexcept as provided by paragraph (a), the Department of the Environment in Northern Ireland.7The 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).8In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.9In subsection (5)—“defence activity” means any activity relating to—the defence of the realm;the naval, military or air forces of the Crown, including reserve forces;visiting forces;international headquarters and defence organisations;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—any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, orany 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).S. 113 partly in force; s. 113 in force for specified purposes at Royal Assent see s. 324(1)(c)Pt. 4 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)Pt. 4 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 42(1) (with Sch. 12)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)Pt. 4 modified (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), arts. 1, 5 (with arts. 37, 38, Sch. 10)Pt. 4 excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)Pt. 4 modified (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 39 (with arts. 47, 48, Sch. 10)Pt. 4 modified (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 5 (with arts. 39, 40, Sch. 9)Pt. 4 applied (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)Pt. 4 excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)Pt. 4 modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)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)Pt. 4 applied (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)Pt. 4 modified (23.12.2025) by The Morecambe Offshore Windfarm Generation Assets Order 2025 (S.I. 2025/1366), arts. 1, 5 (with arts. 9, 10)Pt. 4 modified (22.9.2025) by The Morgan Offshore Wind Project Generation Assets Order 2025 (S.I. 2025/1012), arts. 1, 5 (with arts. 9, 10)Pt. 4 modified (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)Pt. 4 modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)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)Pt. 4: power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 22(3), 32(1) (with s. 30)Pt. 4 modified (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), arts. 1, 35 (with arts. 40, 41, Sch. 15)Pt. 4 modified (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), arts. 1, 35 (with arts. 44, 45, Sch. 14)