Marine and Coastal Access Act 2009

Publication Date:January 01, 2009
 
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Marine and Coastal Access Act 2009

2009 Chapter 23

An Act to make provision in relation to marine functions and activities; to make provision about migratory and freshwater fish; to make provision for and in connection with the establishment of an English coastal walking route and of rights of access to land near the English coast; to enable the making of Assembly Measures in relation to Welsh coastal routes for recreational journeys and rights of access to land near the Welsh coast; to make further provision in relation to Natural England and the Countryside Council for Wales; to make provision in relation to works which are detrimental to navigation; to amend the Harbours Act 1964; and for connected purposes.

[12th November 2009]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 The Marine Management Organisation

Part 1

The Marine Management Organisation

Establishment

Establishment

S-1 The Marine Management Organisation

1 The Marine Management Organisation

(1) There is to be a body known as the Marine Management Organisation (‘the MMO’).

(2) The MMO is to have the functions conferred on it by or under this Act or any other enactment.

(3) Schedule 1 contains further provisions about the MMO.

(4) Schedule 2 contains minor and consequential amendments relating to the MMO.

S-2 General objective

2 General objective

(1) It is the duty of the MMO to secure that the MMO functions are so exercised that the carrying on of activities by persons in the MMO's area is managed, regulated or controlled—

(a) with the objective of making a contribution to the achievement of sustainable development (see subsections (2) and (4) to (11))

(b) taking account of all relevant facts and matters (see subsection (3)), and

(c) in a manner which is consistent and co-ordinated (see subsection (12)).

Any reference in this Act to the MMO's "general objective" is a reference to the duty imposed on the MMO by this subsection.

(2) In pursuit of its general objective, the MMO may take any action which it considers necessary or expedient for the purpose of furthering any social, economic or environmental purposes.

(3) For the purposes of subsection (1)(b), the facts and matters that may be taken into account include each of the following—

(a) scientific evidence, whether available to, or reasonably obtainable by, the MMO

(b) other evidence so available or obtainable relating to the social, economic or environmental elements of sustainable development

(c) such facts or matters not falling within paragraph (a) or (b) as the MMO may consider appropriate.

See also section 24 (powers of MMO in relation to research).

(4) The Secretary of State is to give the MMO guidance as to the manner in which the MMO is to seek to secure that the contribution to the achievement of sustainable development mentioned in subsection (1)(a) is made (and see also section 38 (guidance)).

(5) In preparing any such guidance the Secretary of State must take into consideration—

(a) the functions of the MMO, and

(b) the resources available, or likely to be available, to the MMO.

(6) A draft of any guidance proposed to be given under this section is to be laid before each House of Parliament.

(7) Guidance is not to be given under this section until after the end of the period of 40 days beginning with—

(a) the day on which a draft of the guidance is so laid, or

(b) if the draft is laid on different days, the later of the two days.

(8) If, within that period, either House resolves that the guidance, the draft of which was laid before it, should not be given, the Secretary of State must not give that guidance.

(9) In reckoning any period of 40 days for the purposes of subsection (7) or (8), no account is to be taken of any time during which—

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than four days.

(10) The Secretary of State must publish, in such manner as the Secretary of State may determine, any guidance given to the MMO under this section.

(11) The MMO must provide any person on request with a copy of the whole or any part of any such guidance.

(12) In this section—

"consistent and co-ordinated" includes taking into account the effect (if any) that decisions in respect of— (a) any particular part of the MMO's area, or (b) the carrying on of any activity within that area will have on any other part of that area or the carrying on of any other activity in that area;

"evidence" includes predictions and other opinions resulting from the consideration of evidence by any person;

"the MMO's area" means those parts of the UK marine area, or of the United Kingdom, where MMO functions are exercisable;

"MMO functions" means functions exercisable by or on behalf of the MMO.

S-3 Performance

3 Performance

(1) The MMO is to use its best endeavours to meet such objectives as the Secretary of State may from time to time set with regard to the quality and effectiveness of its performance.

(2) Subsection (6) of section 24 of the legislative and regulatory reform act 2006 (c. 51)

(consultation) does not apply in relation to an order under subsection (2) of that section specifying regulatory functions of the MMO as functions to which sections 21 and 22 of that Act (principles and code of practice) apply.

Sea Fish (Conservation) Act 1967

Transfer of functions to the MMO

Sea Fish (Conservation) Act 1967

S-4 Licensing of fishing boats

4 Licensing of fishing boats

(1) The Secretary of State's function of granting licences under section 4 of the sea fish (conservation) act 1967 (c. 84)

(licensing of fishing boats) is transferred to the MMO.

(2) In subsection (1)(a) of that section (power by order to prohibit fishing unless authorised by a licence granted by one of the Ministers) the reference to one of the Ministers is to be read as including a reference to the MMO instead of a reference to the Secretary of State.

(3) In the following provisions of that section—

(a) subsection (6) (conditions of licence)

(b) subsection (7) (powers to require information),

(c) subsection (9) (power to vary, revoke or suspend a licence),

(d) subsection (10) (power to make a refund on variation, revocation or suspension),

any reference to the Minister granting a licence, or to the Minister who granted a licence, is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.

(4) In the application of subsection (8) of that section (power to issue limited number of licences) in relation to the licensing powers of the MMO under that section, the reference to the Ministers is to be read as a reference to the MMO.

(5) In any orders made under that section, any reference which includes a reference to the Secretary of State is to be read, as respects any area where the MMO exercises functions under or by virtue of that section, as including instead a reference to the MMO.

(6) After subsection (11) of that section insert—

(11A) As respects any function under this section, other than a function of making an order,—

(a) the Marine Management Organisation may make arrangements for the function to be exercised on its behalf by the Scottish Ministers, and

(b) the Scottish Ministers may make arrangements for the function to be exercised on their behalf by the Marine Management Organisation.

An arrangement under this subsection does not affect a person's responsibility for the exercise of the function.

(11B) A person exercising a function on behalf of another by virtue of subsection (11A) above may charge that other such fees as the person considers reasonable in respect of the cost of doing so.

.

(7) The grant, variation, revocation or suspension of a licence under that section by or on behalf of the Secretary of State before the coming into force of this section has effect as from the coming into force of this section as the grant, variation, revocation or suspension of the licence by the MMO.

(8) Where a decision to grant, vary, revoke or suspend a licence under that section—

(a) has been taken by or on behalf of the Secretary of State before the coming into force of this section, but

(b) has not been notified in accordance with regulations under section 4B of the sea fish (conservation) act 1967 (c. 84) ,

the decision has effect as from the coming into force of this section as a decision taken by the MMO.

(9) Where, before the coming into force of this section, an application for a licence under section 4 of that Act, or for the variation of such a licence,—

(a) has been made to the Secretary of State or a person acting on behalf of the Secretary of State, but

(b) has not been determined or withdrawn,

the application is to be treated as from the coming into force of this section as an application made to the MMO.

S-5 Restrictions on time spent at sea: appeals

5 Restrictions on time spent at sea: appeals

In section 4AA(5) of the sea fish (conservation) act 1967(duty to vary licence to give effect to determination of tribunal on appeal) the reference to the Minister who granted the licence is to be read, in the case of licences granted or treated as granted by the Secretary of State or the MMO, as a reference to the MMO.

S-6 Trans-shipment licences for vessels

6 Trans-shipment licences for vessels

(1) The Secretary of State's function of granting licences under section 4A of the sea fish (conservation) act 1967 (c. 84)

(licences for the receiving by a vessel of fish trans-shipped from another vessel) is transferred to the MMO.

(2) In subsection (1) of that section (power by order to prohibit trans-shipping of...

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