C1C2C3C4Part 4Marine licensing
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)
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)
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)
Chapter 5Supplementary
Stop notices and emergency safety notices
I1102Notice to stop activity causing serious harm etc
1
If it appears to an enforcement authority that subsections (3) and (4) are satisfied in relation to a person carrying on an activity in its area, it may issue a stop notice to that person.
2
A stop notice is a notice prohibiting a person from carrying on an activity specified in the notice.
3
This subsection is satisfied if a person is carrying on, or is likely to carry on, a licensable marine activity (whether or not in accordance with a marine licence).
4
This subsection is satisfied if the carrying on of the activity to be specified in the notice—
a
is causing, or is likely to cause, any of the effects in subsection (5), or
b
is creating, or is likely to create, an imminent risk of any of those effects.
5
The effects are—
a
serious harm to the environment;
b
serious harm to human health;
c
serious interference with legitimate uses of the sea.
6
A stop notice (in addition to specifying the activity to which it relates)—
a
must state the enforcement authority's grounds for believing that subsections (3) and (4) are satisfied;
b
must state the date and time from which the prohibition is to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case);
c
may require the person to take such steps as the authority considers appropriate to ensure that the cessation of the activity takes place safely.
7
Except in a case falling within subsection (9), a stop notice—
a
ceases to have effect at the end of the period of 7 days (or such shorter period as may be specified in the notice) beginning with the date on which the prohibition takes effect, but
b
may be renewed for a period specified in a further notice.
8
A stop notice may be renewed more than once under subsection (7)(b), but not so that it has effect for an aggregate period exceeding 35 days.
9
If a stop notice relating to a licensable marine activity is issued to a person who does not hold a marine licence authorising that activity, the stop notice may remain in force until such time (if any) as such a licence is granted to that person.
I2103Further provision as to stop notices
1
Any stop notice issued by an enforcement authority—
a
must be served on any person carrying on, or in control of, the activity to which the notice relates, and
b
if a marine licence has been granted in relation to that activity, may also be served on the licensee.
2
An enforcement authority may by a further notice—
a
revoke a stop notice;
b
vary a stop notice so as to substitute a later date for the date specified in accordance with section 102(6)(b).
3
A person who fails to comply with a stop notice commits an offence.
4
A person guilty of an offence under subsection (3) is liable—
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
I3104Emergency safety notices
1
This section applies if it appears to an enforcement authority that serious interference with legitimate uses of the sea is occurring, or is likely to occur, in its area as a result of—
a
any works for the carrying out of which a marine licence is or was needed, or
b
any substantial and unforeseen change in the state or position of any such works.
2
The enforcement authority may issue a notice (an “emergency safety notice”) to any person who is in control of the works to which the notice relates.
3
By issuing an emergency safety notice to a person, the enforcement authority imposes on that person such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (4).
4
Those matters are—
a
the provision of lights, signals or other aids to navigation;
b
the stationing of guard ships.
5
An emergency safety notice (in addition to specifying the requirements which it imposes)—
a
must state the enforcement authority's grounds for believing that serious interference with legitimate uses of the sea is occurring or is likely to occur,
b
must state the date and time from which the requirements are to take effect (which may be a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case), and
c
may require the person to take such steps as the authority considers appropriate to ensure that compliance with the requirements takes place safely.
I4105Further provision as to emergency safety notices
1
An emergency safety notice issued by an enforcement authority must be served on each of the following—
a
if a marine licence has been granted authorising the carrying out of the works, the licensee,
b
if there is in effect a stop notice which relates to the works, any person on whom the stop notice was served.
2
An enforcement authority may by a further notice—
a
revoke an emergency safety notice;
b
vary an emergency safety notice so as to substitute a later date for the date specified in accordance with section 104(5)(b).
3
A person who fails to comply with an emergency safety notice commits an offence.
4
A person guilty of an offence under subsection (3) is liable—
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
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)