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Marine and Coastal Access Act 2009

Interpretation
Sections 113: The appropriate licensing authority

322.This section contains the rules for determining who is the appropriate licensing authority for any area. This varies depending on both the area and the nature of the activity.

323.Subsections (2) and (3) relate to the Scottish offshore region (defined in section 322). In this region the Scottish Ministers are the licensing authority unless the activity to be licensed falls within subsection (3). In respect of those activities the Secretary of State is the licensing authority. Activities licensable by the Secretary of State are those that relate to oil and gas, Part 6 of the Merchant Shipping Act 1995 or defence, where the activities that relate to oil and gas or defence are more particularly described in the subsection. An example of the type of activities that would be licensable in this region by the Secretary of State is an activity relating to the abandonment of offshore oil platforms.

324.Subsections (4) and (5) relate to Wales and the Welsh inshore region (defined in section 322). In this area the Welsh Ministers are the licensing authority unless the activity to be licensed falls within subsection (5). In respect of those activities the Secretary of State is the licensing authority. Activities licensable by the Secretary of State are those that relate to the exploration for, or production of, petroleum, and defence activities as defined by subsection (9). As with the Scottish offshore region, an example of the type of activities that would be licensable in this area by the Secretary of State is an activity relating to the abandonment of offshore oil platforms.

325.Subsections (6) and (7) relate to Northern Ireland and the Northern Ireland inshore region (defined in section 322). In this area the Department of the Environment in Northern Ireland is the licensing authority unless the activity relates to defence of the realm, as described in subsection (7), for which the Secretary of State is the licensing authority.

326.In all other areas the licensing authority is the Secretary of State (subsection (8)).

Sections 114 and 115: Meaning of “enforcement authority”;  Interpretation of this Part

327.These sections provide definitions of terms used in this Part.

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