SCHEDULEConsequential amendments (marine licensing)
The Urban Waste Water Treatment (England and Wales) Regulations 19941
1
The Urban Waste Water Treatment (England and Wales) Regulations 19949 are amended as follows.
2
For regulation 9 (dumping of sludge from ships), substitute—
9
In exercising its functions under Part 4 (marine licensing) of the Marine and Coastal Access Act 2009, the appropriate licensing authority (within the meaning of section 113 of that Act) must ensure that the dumping of sludge from ships to surface waters is not permitted.
3
In regulation 11 (monitoring)—
a
in sub-paragraphs (b) and (d) of paragraph (1), in each case omit “(other than by means of dumping from ships)”;
b
omit paragraph (2);
c
in paragraph (3)—
i
omit “and the licensing authority”,
ii
for “them” substitute “it”,
iii
omit “or (2)”.
The Water Environment (Water Framework Directive) (England and Wales) Regulations 20032
1
The Water Environment (Water Framework Directive) (England and Wales) Regulations 200310 are amended as follows.
2
In Schedule 2 (enactments in relation to which duties in regulation 3 apply)—
a
omit paragraph 3;
b
after paragraph 7 insert—
7A
Part 4 of the Marine and Coastal Access Act 2009 (marine licensing).
The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 20043
1
The Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 200411 are amended as follows.
2
In Schedule 2 (relevant functions), after paragraph 7 insert—
7A
The Marine and Coastal Access Act 2009.
The Scarweather Sands Offshore Wind Farm Order 20044
1
The Scarweather Sands Offshore Wind Farm Order 200412 is amended as follows.
2
In article 10 (abatement of works abandoned or decayed), in paragraph (3)—
a
in the English text after the word “imposed” to the end, substitute—
in a marine licence granted under Part 4 of the Marine and Coastal Access Act 2009.
b
in the Welsh text after the word “osodwyd” to the end, substitute—
mewn trwydded forol a roddwyd o dan Ran 4 o Ddeddf y Môr a Mynediad i’r Arfordir 2009.
The Hazardous Waste (England and Wales) Regulations 20055
1
The Hazardous Waste (England and Wales) Regulations 200513 are amended as follows.
2
In regulation 5(1) (general interpretation), for the definition of “waste permit” substitute—
“waste permit” means a marine licence under Part 4 of the Marine and Coastal Access Act 2009 or an environmental permit.
The Hazardous Waste (Wales) Regulations 20056
1
The Hazardous Waste (Wales) Regulations 200514 are amended as follows.
2
In regulation 5(1) (general interpretation), for the definition of “waste permit” (“trwydded gwastraff”)—
a
in the English text substitute—
“waste permit” (“trwydded gwastraff”) means a marine licence under Part 4 of the Marine and Coastal Access Act 2009 or an environmental permit.
b
in the Welsh text substitute—
ystyr “trwydded gwastraff” (“waste permit”) yw trwydded forol o dan Ran 4 o Ddeddf y Môr a Mynediad i’r Arfordir 2009 neu drwydded amgylcheddol;
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 20067
1
The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 200615 are amended as follows.
2
For sub-paragraph (b) of rule 7(8) (requirement for environmental statement and screening decisions) and 8(4) (scoping opinion) in each case substitute—
b
where the proposals relate to a project within tidal waters and would require a licence under Part 4 of the Marine and Coastal Access Act 2009, the appropriate licensing authority within the meaning of section 113 of that Act;
The London Gateway Port Harbour Empowerment Order 20088
1
The London Gateway Port Harbour Empowerment Order 200816 is amended as follows.
2
In article 13 (power to dredge), for paragraph (4)(b) substitute—
b
in accordance with any marine licence granted under Part 4 of the Marine and Coastal Access Act 2009.
The Environmental Damage (Prevention and Remediation) Regulations 20099
1
The Environmental Damage (Prevention and Remediation) Regulations 200917 are amended as follows.
2
In Schedule 3 (permits, etc), for paragraph 1(b) substitute—
b
a marine licence granted under Part 4 of the Marine and Coastal Access Act 2009;
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200910
1
The Environmental Damage (Prevention and Remediation) (Wales) Regulations 200918 are amended as follows—
2
In Schedule 3 (permits, etc), for paragraph 1(b)—
a
in the English text substitute—
b
a marine licence granted under Part 4 of the Marine and Coastal Access Act 2009;
b
in the Welsh text substitute—
b
trwydded forol a roddir o dan Ran 4 o Ddeddf y Môr a Mynediad i’r Arfordir 2009;
The Harwich Parkeston Quay Harbour Revision Order 201011
1
The Harwich Parkeston Quay Harbour Revision Order 201019 is amended as follows.
2
In article 6 (power to dredge), for paragraph (3)(b) substitute—
b
Part 4 of the Marine and Coastal Access Act 2009.
The Infrastructure Planning (Decisions) Regulations 201012
1
The Infrastructure Planning (Decisions) Regulations 201020 are amended as follows.
2
After regulation 3, insert—
Deemed consents under the Marine and Coastal Access Act 20093A
This regulation applies in relation to an application where the decision-maker is considering whether to include in an order granting development consent a provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 200921, by virtue of section 149A of the Act22.
2
When deciding an application to which this regulation applies, the decision-maker must have regard to—
a
the need to protect the environment,
b
the need to protect human health, and
c
the need to prevent interference with legitimate uses of the sea.