- Latest available (Revised)
- Point in Time (27/07/2021)
- Original (As enacted)
Point in time view as at 27/07/2021.
Marine and Coastal Access Act 2009,
Part 1
is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1(1)The Coast Protection Act 1949 (c. 74) is amended as follows.E+W
(2)Omit Part 2 (provisions for safety of navigation).
(3)In section 49(1) (interpretation), in the definitions of “sea” and “seashore”, for “subsections (2) and (2A)” substitute “ subsection (2) ”.
Commencement Information
I1Sch. 8 para. 1 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)
2(1)The Food and Environment Protection Act 1985 (c. 48) is amended as follows.U.K.
(2)In section 5 (requirement for licences)—
(a)in paragraph (a), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;
(b)omit paragraph (b);
(c)in paragraph (e)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;
(d)omit paragraph (e)(ii) and the preceding “or”;
(e)in paragraph (f), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”;
(f)in paragraph (g), for “the United Kingdom” substitute “ Scotland ”;
(g)in paragraph (h), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.
(3)In section 6(1) (requirements for licences for incineration at sea etc)—
(a)in paragraph (a)(i), for “United Kingdom waters or United Kingdom controlled waters” substitute “ the Scottish inshore region ”;
(b)omit paragraph (a)(ii) and the preceding “or”;
(c)in paragraph (b), for “the United Kingdom or United Kingdom waters” substitute “ Scotland or the Scottish inshore region ”.
(4)In section 7A (exclusion of Part 2 for certain purposes)—
(a)in subsection (4), for paragraphs (a) and (b) substitute “ the Scottish inshore region. ”;
(b)omit subsection (5).
(5)In section 8 (licences)—
(a)in subsection (4)(b), for “United Kingdom waters” substitute “ the Scottish inshore region ”;
(b)in subsection (6), omit “evidence, and in Scotland”.
(6)In section 9 (licensing offences)—
(a)in subsection (1) (which is expressed to be subject to subsections (3) to (7)) for “to (7)” substitute “ , (4) ”;
(b)omit subsections (5) to (7).
(7)In section 11 (enforcement powers)—
(a)in subsection (2)—
(i)in paragraph (a), for “the United Kingdom” substitute “ Scotland ”;
(ii)for paragraphs (b) and (c) substitute—
“(b)vessels, aircraft, hovercraft and marine structures in Scotland or within the Scottish inshore region,”;
(b)in subsection (3), for paragraphs (a) and (b) substitute “ any vessel within the Scottish inshore region ”.
(8)In section 21 (offences) omit subsection (8).
(9)In section 24(1) (interpretation)—
(a)omit the definition of “adjacent to Scotland”;
(b)omit the definition of “Gas Importation and Storage Zone”;
(c)in the definition of “licensing authority”—
(i)omit paragraph (a);
(ii)in paragraph (b)(i), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” substitute “ waters within the Scottish inshore region ”;
(iii)in paragraph (b)(ii) and (iii), for “United Kingdom waters, or United Kingdom controlled waters, adjacent to Scotland” in each place where it appears substitute “ the Scottish inshore region ”;
(iv)in paragraph (b)(iii), omit “and the functions of that authority under this sub-paragraph shall be treated as exercisable in or as regards Scotland and may be exercised separately”;
(d)after the definition of “plants” insert—
““Scottish inshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322 of that Act);”;
(e)omit the definitions of “United Kingdom waters” and “United Kingdom controlled waters”.
Commencement Information
I2Sch. 8 para. 2 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)
3(1)In Schedule 3 to the Government of Wales Act 2006 (c. 32) (transfer etc of functions: further provisions) paragraph 4 (power to direct that certain functions exercisable by a Minister of the Crown are exercisable in relation to Welsh controlled waters only after consultation with the Welsh Ministers) is amended as follows.U.K.
(2)In sub-paragraph (1) (which extends the power conferred by section 58(1)(c) of that Act and specifies the enactments to which it applies)—
(a)omit paragraph (a) (Part 2 of the Food and Environment Protection Act 1985 (c. 48)), and
(b)after paragraph (b) insert—
“(c)the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or
(d)regulations under section 73 of that Act (appeals),”.
(3)After sub-paragraph (1) insert—
“(1A)The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—
(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);
(b)section 101 (registers);
(c)sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);
(d)section 107 (power to test, and charge for testing, certain substances);
(e)sections 235(3) and 240(1)(c) (enforcement officers).”.
Commencement Information
I3Sch. 8 para. 3 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)
4(1)The Planning Act 2008 (c. 29) is amended as follows.U.K.
(2)After section 149 insert—
(1)An order granting development consent may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (marine licensing) for any activity only if the activity is to be carried out wholly in one or more of the areas specified in subsection (2).
(2)The areas are—
(a)England,
(b)waters adjacent to England up to the seaward limits of the territorial sea,
(c)an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions,
(d)a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions,
(e)an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(3)Subsections (4) and (5) apply if an order granting development consent includes provision—
(a)deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to specified conditions, and
(b)deeming those conditions to have been attached to the marine licence by the Secretary of State under that Part.
(4)A person who fails to comply with such a condition does not commit an offence under section 161 of this Act.
(5)Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence.”.
(3)In section 161 (breach of terms of order granting development consent), in subsection (2), for “sections 148(4) and 149(4)” substitute “ section 149A(4) ”.
(4)In Schedule 4, in paragraph 1(11) (power to correct certain errors or omissions in development consent decisions) for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.
(5)In Schedule 5 (provision relating to, or to matters ancillary to, development) after paragraph 30 insert—
“30ADeeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 to have been given by the Secretary of State for activities specified in the order and subject to such conditions as may be specified in the order.
30BDeeming any such conditions to have been attached to the marine licence by the Secretary of State under that Part.”.
(6)In Schedule 6 (changes to, and revocation of, orders granting development consent) in—
(a)paragraph 2(13) (power to make non-material changes to development consent order not to apply in relation to deemed consents and licences), and
(b)paragraph 5(6) (power to change or revoke development consent order not to apply in relation to deemed consents and licences),
for the words from “any of paragraphs” to the end of the sub-paragraph substitute “ paragraph 30A or 30B of Schedule 5 (deemed marine licence under Marine and Coastal Access Act 2009). ”.
(7)The following provisions cease to have effect—
(a)section 148 (deemed consent under section 34 of the Coast Protection Act 1949 (c. 74)),
(b)section 149 (deemed consent under Part 2 of the Food and Environment Protection Act 1985 (c. 48)),
(c)in Schedule 5, paragraphs 27 to 30 (which relate to deemed consents).
Commencement Information
I4Sch. 8 para. 4 partly in force; Sch. 8 para. 4 in force for specified purposes at Royal Assent see s. 324(1)(c)
I5Sch. 8 para. 4 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: