Energy Act 2008

[F1 82A Restriction of works detrimental to navigation U.K.

(1) A person must not, without the written consent of the Secretary of State, carry out in the regulated zone (see section 82Q) any operation to which this subsection applies (see subsections (2) and (3)).

(2) Subsection (1) does not apply to an operation if a marine licence under Part 4 of the Marine and Coastal Access Act 2009 is needed to carry out the operation.

(3) Subject to that, subsection (1) applies to an operation if—

(a) it causes, or is likely to result in, obstruction or danger to navigation (whether while the operation is being carried out or subsequently),

(b) it is of a description falling within subsection (4), and

(c) it may be carried out only with a permission falling within subsection (5).

(4) The descriptions of operations are—

(a) the construction, alteration, improvement, dismantlement or abandonment of any works;

(b) the deposit of any object or materials;

(c) the removal of any object or materials.

(5) The permissions are—

(a) a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934,

(b) a licence under section 4 or 18 of this Act (gas storage and gas unloading, and carbon capture and storage licences),

(c) a works authorisation under Part 3 of the Petroleum Act 1998 (construction etc of submarine pipelines),

and see also subsection (6).

(6) For the purposes of this Part, the operations which may be carried out only with a permission falling within subsection (5) include operations which, by virtue of a permission falling within paragraph (a) or (b) of that subsection, may be carried out only with the consent of the Secretary of State or another person.

(7) In the case of an authorised exploration or exploitation operation (see subsection (8))—

(a) the reference in subsection (3) to an operation being likely to result in obstruction or danger to navigation,includes

(b) a reference to the operation being likely to result in obstruction or danger to navigation by reason of any use intended to be made of the works in question when constructed, altered or improved.

(8) In this Part “ authorised exploration or exploitation operation ” means any operation—

(a) which is of a description falling within subsection (4)(a), and

(b) which may be carried out only with a permission falling within subsection (5).]

Textual Amendments

F1 Pt. 4A inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 314(1), 324(1)(c), 324(1)(d); S.I. 2011/556, art. 3(2)(c)