Part 4 U.K. Marine licensing

Modifications etc. (not altering text)

C1 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)

C2 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)

C3 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)

C4 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 2 U.K. Exemptions and special cases

Exemptions U.K.

74 Exemptions specified by order U.K.

(1) The appropriate licensing authority for an area may by order specify, as regards that area, activities—

(a) which are not to need a marine licence;

(b) which are not to need a marine licence if conditions specified in the order are satisfied.

(2) The conditions that may be specified in an order under this section include conditions enabling the authority to require a person to obtain the authority's approval before the person does anything for which a licence would be needed but for the order.

(3) Approval under subsection (2) may be—

(a) without conditions;

(b) subject to such conditions as the authority considers appropriate.

(4) In deciding whether to make an order under this section, the appropriate licensing authority must have regard to—

(a) the need to protect the environment,

(b) the need to protect human health,

(c) the need to prevent interference with legitimate uses of the sea,

and such other matters as the authority thinks relevant.

(5) A licensing authority must consult such persons as the authority considers appropriate as to any order the authority contemplates making under this section.

Commencement Information

I1 S. 74 partly in force; s. 74 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2 S. 74 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)