OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

In this Order—

  • “the 2009 Act” means the Marine and Coastal Access Act 2009f1;

  • “licence” means a marine licence granted under section 71(1)(a) or (b) of the 2009 Act or deemed to have been issued under section 149A of the Planning Act 2008f2;

  • “the MMO” means the Marine Management Organisationf3; and

  • “monitoring”, in relation to a licence, means monitoring carried out by the MMO in connection with the functions of a licensing authority under Part 4 of the 2009 Act—

    1. (a)

      for the purposes of determining the environmental, economic or social consequences of any activity permitted by that licence; or

    2. (b)

      for the purposes of determining whether the holder of that licence is complying with any conditions attached to that licence under section 71(1)(b) of the 2009 Act or, in the case of a licence which is deemed to have been issued by provision in a development consent order made by virtue of section 149A of the Planning Act 2008, with any conditions deemed to be attached to that licence under subsection (3) of that section.

Annotations

Footnotes

f1

2009 c.23.

f2

2008 c.29. Section 149A was inserted by section 112(1) and paragraph 4(1) and (2) of Schedule 8 to the 2009 Act. Section 149A applies to an order granting development consent (which is required by section 31 of the Planning Act 2008 if the development forms part of a “nationally significant infrastructure project”, a term defined by section 14 of that Act. Section 14(1) was amended by S.I. 2012/1645).

f3

The MMO was established by section 1 of the 2009 Act. The functions of the Secretary of State under Chapter 4 of the 2009 Act have (with some exceptions) been delegated to the MMO by S.I. 2011/627.