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Marine and Coastal Access Act 2009

Section 240: Marine licensing: oil and gas and other reserved matters

638.The Secretary of State will be able to appoint persons to enforce Part 4 of the Act, to the extent that it relates to the licensing of activities relating to various reserved matters.  The range of activities in respect of which such persons will be able to exercise enforcement powers differs depending on that part of the UK marine licensing area in which the activities take place.  In the Scottish offshore region these activities are limited to those that relate to oil and gas, defence and the prevention of pollution (see subsection (1)(a)). In the Welsh inshore region these activities are limited to those that relate to the exploration for, or production of, petroleum (as described in subsection (1)(b)).  In all other parts of the UK marine licensing area, except the Northern Ireland inshore region, the activities are limited to installation abandonment measures as described in subsection (1)(c) and defined in subsection (6).  No other enforcement officers appointed under this Part will be able to enforce marine licences in relation to these matters in the areas described.  Enforcement officers appointed under this section will have no functions in relation to oil and gas activities in Northern Ireland inshore waters, unless they are investigating an offence suspected of having taken place in their area of jurisdiction.

639.Enforcement officers appointed under this section will have access to the common enforcement powers in Chapter 2 of this Part and the specific power for requiring certain information relating to licensing in Chapter 3. They will have similar powers to other officers appointed under this Part for pursuing offenders across national and international boundaries.

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