Marine and Coastal Access Act 2009

Other powers U.K.

106 Power to take remedial action U.K.

(1) This section applies if it appears to the appropriate licensing authority for an area that a licensable marine activity has been carried on in its area otherwise than under a licence and in accordance with its conditions.

(2) The authority may carry out any works that appear to it to be necessary or expedient for any one or more of the following purposes—

(a) protecting the environment;

(b) protecting human health;

(c) preventing interference with legitimate uses of the sea;

(d) preventing or minimising, or remedying or mitigating the effects of, any harm or interference falling within subsection (3);

(e) restoring (whether in whole or in part) the condition of any place affected by any such harm or interference to the condition, or a condition reasonably similar to the condition, in which the place would have been had the harm or interference not occurred.

(3) The harm or interference mentioned in subsection (2)(d) and (e) is any of the following which has been, is being, or is likely to be, caused by the carrying on of the licensable marine activity—

(a) harm to the environment;

(b) harm to human health;

(c) interference with legitimate uses of the sea.

Commencement Information

I1 S. 106 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

107 Power to test, and charge for testing, certain substances U.K.

(1) A licensing authority may, at the request of any person, conduct tests for the purpose of ascertaining the probable effect on the marine environment of using any of the following substances—

(a) any marine chemical treatment substance;

(b) any marine oil treatment substance;

(c) any marine surface fouling cleaner.

(2) In this section—

• “marine chemical treatment substance” means any substance used or intended to be used for treating chemicals—

  (a)

  on the surface of the sea or of the sea bed;

  (b)

  in the case of a wash-off substance, on any surface of a marine structure;

• “marine oil treatment substance” means any substance used or intended to be used for treating oil on the surface of the sea;

• “marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter—

  (a)

  from the surface of the sea or of the sea bed;

  (b)

  in the case of a wash-off substance, from any surface of a marine structure or vessel at times when the structure or vessel is in the sea or on the sea bed;

• “surface fouling matter” means any fouling, and includes, in particular,—

  (a)

  any algae;

  (b)

  any surface oil or chemical residue;

• “surface oil or chemical residue” means any residual matter on a surface after the removal, or substantial removal, of any oil or chemical (whether by natural processes, or by treatment, or in any other way);

• “wash-off substance”, in relation to a marine structure or vessel, means any substance which, if used on a surface of the marine structure or vessel, will or might (whether in whole or to a significant extent)—

  (a)

  be removed from that surface, and

  (b)

  be deposited in the sea,

  whether by natural processes, or by treatment, or in any other way.

(3) A licensing authority may recover any expenses reasonably incurred in conducting any tests under subsection (1) from any person at whose request those tests were conducted.

Commencement Information

I2 S. 107 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)

[F1 107A Deposits on account of fees payable to the Welsh Ministers E+W

(1) This section applies where the Welsh Ministers are the appropriate licensing authority.

(2) Where a person is required to pay a fee to the licensing authority under this Part, the licensing authority may require the person to pay a deposit on account of the fee.

(3) The amount that a person may be required to pay under subsection (2) is to be determined by or in accordance with regulations made by the licensing authority.

(4) If a licensee fails to comply with a requirement to pay a deposit charged under subsection (2) on account of a fee charged under section 72A(2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.

(5) The suspension of a licence under subsection (4) continues in effect until the deposit is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).

(6) If a person who has applied for a licence under section 67 or for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a deposit charged under subsection (2) in connection with that application, the licensing authority may—

(a) refuse to proceed with the application, or

(b) refuse to proceed with it until the failure is remedied.

Textual Amendments

F1 S. 107A - S. 107B inserted (E.W.) (24.2.2017 for specified purposes) by Environment (Wales) Act 2016 (anaw 3), ss. 78, 88(3)(c); S.I. 2017/152, art. 2(b)

107B Supplementary provision about fees payable to the Welsh Ministers E+W

(1) This section applies where the Welsh Ministers are the appropriate licensing authority.

(2) When making provision under section 67(2) or 72A(4) about fees payable in respect of a type of application to the licensing authority or in respect of an activity of the licensing authority, the licensing authority must decide what provision to make by reference to the expected costs of dealing with that type of application or of carrying out that activity.

(3) The licensing authority may require a fee charged by it under this Part to be payable in advance of the activity to which the fee relates being carried out.

(4) The licensing authority may waive or reduce a fee.

(5) The licensing authority may by regulations make provision about how and when a fee or deposit charged by it under this Part is to be paid.

(6) A fee or deposit charged under this Part may be recovered by the licensing authority as a civil debt (in addition to any other action that may be taken by the licensing authority).]

Textual Amendments

F1 S. 107A - S. 107B inserted (E.W.) (24.2.2017 for specified purposes) by Environment (Wales) Act 2016 (anaw 3), ss. 78, 88(3)(c); S.I. 2017/152, art. 2(b)