The Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends the transitional provisions in paragraph 9 of Schedule 9 to the Marine and Coastal Access Act 2009 (“the 2009 Act”)(1) for certain dredging operations. This Order applies in relation to dredging operations which are licensable marine activities for the purposes of Part 4 of the 2009 Act, other than those for which the appropriate licensing authority(2) is the Welsh Ministers or the Department of the Environment in Northern Ireland, and subject to certain further exceptions.

Article 2 provides that paragraph 9 has effect as if, for sub-paragraph (4)(3), there were substituted sub-paragraphs (4) to (10) set out in article 2. New sub-paragraph (4) provides that, save for dredging operations falling within new sub-paragraph (5), (6) or (8), the transitional period is 3 years beginning with the commencement date(4), unless a marine licence is issued before the end of that period (in which case that period ends on the date the marine licence is granted).

New sub-paragraph (5), (6) and (8) make provision for dredging operations to which the extension of the transitional period does not apply (and for which a marine licence would be needed). These are cases where it would be inappropriate for the extended transitional period to apply in view of the requirements of the Habitats Directive(5), the Environmental Impact Assessment Directive(6) or the Water Framework Directive(7).

An impact assessment has not been prepared in relation to this Order as no impact on the private, voluntary or public sector is foreseen. The Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk.

(1)

2009 c. 23.

(2)

The appropriate licensing authority is defined in section 113 of the 2009 Act. Certain functions exercisable by the Secretary of State as the appropriate licensing authority have been delegated to the Marine Management Organisation by article 4 of the Marine Licensing (Delegation of Functions) Order 2011 (S.I. 2011/627).

(3)

Sub-paragraph (4) defines the relevant transitional period for the purpose of the exclusion of section 65 of the 2009 Act by paragraph 9(1) of Schedule 9 in relation to dredging operations to which that paragraph applies.

(4)

By virtue of paragraph 1 of Schedule 9 to the 2009 Act, “the commencement date” means the date on which section 65 of that Act comes into force. By virtue of article 3(1) and (2)(a) of the Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011 (S.I. 2011/556 (C. 19)), section 65 of the 2009 Act came into force on 6th April 2011. So the 3-year period referred to is the period from 6th April 2011 to 5th April 2014.

(5)

OJ No. L 206, 22.7.92, p. 7; last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p. 368).

(6)

OJ No. L 26, 28.1.2012, p. 1.

(7)

OJ No. L 327, 22.12.2000, p. 1, last amended by Directive 2009/31/EC of the European Parliament and of the Council (OJ No. L 140, 5.6.2009, p. 114).