The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011

CHAPTER 1 U.K. Interpretation of Part 3

Interpretation U.K.

13.  In this Part—

(a) “the 2009 Act” means the Marine and Coastal Access Act 2009;

(b) “appropriate authority” has the same meaning as in regulation 2(1) of the Marine Works Regulations(1);

(c) “appropriate licensing authority” is to be construed in accordance with section 113 of the 2009 Act(2);

(d) “dredging permission” means permission which is granted under and in accordance with—

(i) regulation 13 of the Marine Minerals Regulations; or

(ii) (as the case may be) regulation 13 of the Welsh Marine Minerals Regulations;

(e) “licensable marine activity” has the meaning it has in Part 4 of the 2009 Act(3);

(f) “the Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007(4);

(g) “the Welsh Marine Minerals Regulations” means the Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (Wales) Regulations 2007(5); and

(h) “the Marine Works Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 2007(6).

(1)

S.I. 2007/1518. The definition was amended by S.I. 2009/2258 (revoked by these Regulations), and is replaced by regulation 3(1)(b) of these Regulations.

(2)

Section 113 of the 2009 Act contains provisions determining which authority is the appropriate licensing authority for an area in which licensable marine activities may take place. Under section 98 of the 2009 Act, the appropriate licensing authority may, by order, delegate any of its delegable marine licensing functions (as defined in section 98(5)) to such other person as is designated in the order. Under section 14(1) of the 2009 Act, the Secretary of State may enter into an agreement with the Marine Management Organisation authorising it to perform any marine function of the Secretary of State in relation to the UK marine area (or specified parts of that area). By virtue of section 14(6), the provision in section 14(1) of the 2009 Act is subject to sections 17 and 18 of that Act, which make provision in relation to non-delegable functions and the maximum duration of such an agreement, respectively.

(3)

Section 66(1) of the 2009 Act describes the activities which are licensable marine activities for the purposes of Part 4 of that Act.

(4)

S.I. 2007/1067.

(5)

S.I. 2007/2610 (W. 221).

(6)

S.I. 2007/1518, amended in relation to England and Wales by S.I. 2009/2258 (revoked by these Regulations).