- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/02/2020)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 25/02/2020.
Electricity Act 1989, Section 36B is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)[F2The appropriate authority may not] grant a consent in relation to any particular offshore generating activities if [F3the appropriate authority considers] that interference with the use of recognised sea lanes essential to international navigation—
(a)is likely to be caused by the carrying on of those activities; or
(b)is likely to result from their having been carried on.
[F4(1A)This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).]
(2)It shall be the duty [F5of the appropriate authority], in determining—
(a)whether to give a consent for any particular offshore generating activities, and
(b)what conditions to include in such a consent,
to have regard to the extent and nature of any obstruction of or danger to navigation which (without amounting to interference with the use of such sea lanes) is likely to be caused by the carrying on of the activities, or is likely to result from their having been carried on.
(3)In determining for the purposes of this section what interference, obstruction or danger is likely and its extent and nature, [F6the appropriate authority] must have regard to the likely overall effect (both while being carried on and subsequently) of—
(a)the activities in question; and
(b)such other offshore generating activities as are either already the subject of consents or are activities in respect of which it appears likely that consents will be granted.
(4)For the purposes of this section the effects of offshore generating activities include—
(a)how, in relation to those activities, [F7the appropriate authority has exercised or will exercise its powers] under section 36A above and section 100 of the Energy Act 2004 (extinguishment of public rights of navigation); and
(b)how, in relation to those activities, the Secretary of State has exercised or will exercise his powers under sections 95 and 96 and Chapter 3 of Part 2 of that Act (safety zones and decommissioning).
(5)If the person who has granted a consent in relation to any offshore generating activities thinks it appropriate to do so in the interests of the safety of navigation, he may at any time vary conditions of the consent so as to modify in relation to any of the following matters the obligations imposed by those conditions—
(a)the provision of aids to navigation (including, in particular, lights and signals);
(b)the stationing of guard ships in the vicinity of the place where the activities are being or are to be carried on; or
(c)the taking of other measures for the purposes of, or in connection with, the control of the movement of vessels in that vicinity.
(6)A modification in exercise of the power under subsection (5) must be set out in a notice given by the person who granted the consent to the person whose obligations are modified.
(7)In this section—
“consent” means a consent under section 36 above;
“offshore generating activities” means—
the construction or operation of a generating station that is to comprise or comprises (in whole or in part) renewable energy installations; or
an extension of a generating station that is to comprise (in whole or in part) renewable energy installations or an extension of such an installation;
“the use of recognised sea lanes essential to international navigation” means—
anything that constitutes the use of such a sea lane for the purposes of Article 60(7) of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941); or
any use of waters in the territorial sea adjacent to Great Britain that would fall within paragraph (a) if the waters were in a Renewable Energy Zone.
(8)In subsection (7) “extension”, in relation to a renewable energy installation, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.]
Textual Amendments
F1Ss. 36A, 36B inserted (1.3.2005 for specified purposes, 1.9.2005 for specified purposes, 1.10.2005 in so far as not already in force) by Energy Act 2004 (c. 20), ss. 99(1), 198(2); S.I. 2005/442, art. 2(1)(3), Sch. 1, Sch. 3; S.I. 2005/877, art. 2(2), Sch. 2
F2Words in s. 36B(1) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(7)(a), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)
F3Words in s. 36B(1) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(7)(b), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)
F4S. 36B(1A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 12(7)(b)(8), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
F5Words in s. 36B(2) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(8), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)
F6Words in s. 36B(3) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(9), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)
F7Words in s. 36B(4)(a) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(10), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)
Modifications etc. (not altering text)
C1S. 36B: transfer of functions (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12, 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
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