Marine and Coastal Access Act 2009 (c. 23)

Part 4 U.K. Marine licensing

Modifications etc. (not altering text)

C1 Pt. 4 excluded (E.W.S.) (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)

C2 Pt. 4 excluded (E.W.S.) (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)

C3 Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C4 Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)

C5 Pt. 4 modified (E.W.S.) (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)

C6 Pt. 4 applied (E.W.S) (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)

C7 Pt. 4 applied (E.W.S.) (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)

C8 Pt. 4 modified (E.W.S.) (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)

Chapter 2 U.K. Exemptions and special cases

Special provisions in certain cases U.K.

81 Submarine cables on the continental shelf U.K.

(1) Nothing in this Part applies to anything done in the course of laying or maintaining an offshore stretch of exempt submarine cable.

(2) Where subsection (1) has effect in relation to part (but not the whole) of an exempt submarine cable—

(a) the appropriate licensing authority must grant any application made to it for a marine licence for the carrying on of a licensable marine activity in the course of laying any inshore stretch of the cable, and

(b) nothing in this Part applies to anything done in the course of maintaining any inshore stretch of the cable.

(3) A licensing authority has the same powers to attach conditions to a marine licence required to be granted by virtue of subsection (2) as it has in relation to a marine licence not required to be so granted.

(4) In the application of this section in relation to any cable—

• “inshore stretch” means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;

• “offshore stretch” means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.

(5) For the purposes of this section a submarine cable is “exempt” unless it is a cable constructed or used in connection with any of the following—

(a) the exploration of the UK sector of the continental shelf;

(b) the exploitation of the natural resources of that sector;

(c) the operations of artificial islands, installations and structures under the jurisdiction of the United Kingdom;

(d) the prevention, reduction or control of pollution from pipelines.

(6) In this section—

• “natural resources” means—

  (a)

  the mineral and other non-living resources of the sea bed and subsoil,together with

  (b)

  living organisms belonging to sedentary species;

• “living organisms belonging to sedentary species” means organisms which, at the harvestable stage, are either—

  (a)

  immobile on or under the sea bed, or

  (b)

  unable to move except in constant physical contact with the sea bed or the subsoil.

Commencement Information

I1 S. 81 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)