[F136BDuties in relation to navigationE+W+S
(1)Neither the Secretary of State nor the Scottish Ministers may grant a consent in relation to any particular offshore generating activities if he considers, or (as the case may be) they consider, 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.
(2)It shall be the duty both of the Secretary of State and of the Scottish Ministers, 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, the Secretary of State or (as the case may be) the Scottish Ministers 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, the Secretary of State and the Scottish Ministers have exercised or will exercise their 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—
(a)the construction or operation of a generating station that is to comprise or comprises (in whole or in part) renewable energy installations; or
(b)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—
(a)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
(b)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