OpenLegislation

Section 36B Duties in relation to navigationF1C1

England, Wales and Scotland

(1)

F2The appropriate authority may not grant a consent in relation to any particular offshore generating activities if F3the appropriate authority considers that interference with the use of recognised sea lanes essential to international navigation—

(a)

is likely to be caused by the carrying on of those activities; or

(b)

is likely to result from their having been carried on.

(F41A)

This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).

(2)

It shall be the duty F5of the appropriate authority, in determining—

(a)

whether to give a consent for any particular offshore generating activities, and

(b)

what conditions to include in such a consent,

to have regard to the extent and nature of any obstruction of or danger to navigation which (without amounting to interference with the use of such sea lanes) is likely to be caused by the carrying on of the activities, or is likely to result from their having been carried on.

(3)

In determining for the purposes of this section what interference, obstruction or danger is likely and its extent and nature, F6the appropriate authority must have regard to the likely overall effect (both while being carried on and subsequently) of—

(a)

the activities in question; and

(b)

such other offshore generating activities as are either already the subject of consents or are activities in respect of which it appears likely that consents will be granted.

(4)

For the purposes of this section the effects of offshore generating activities include—

(a)

how, in relation to those activities, F7the appropriate authority has exercised or will exercise its powers under section 36A above and section 100 of the Energy Act 2004 (extinguishment of public rights of navigation); and

(b)

how, in relation to those activities, the F8appropriate authority has exercised or will exercise F9its powers under sections 95 and 96 and Chapter 3 of Part 2 of that Act (safety zones and decommissioning).

(5)

If the person who has granted a consent in relation to any offshore generating activities thinks it appropriate to do so in the interests of the safety of navigation, he may at any time vary conditions of the consent so as to modify in relation to any of the following matters the obligations imposed by those conditions—

(a)

the provision of aids to navigation (including, in particular, lights and signals);

(b)

the stationing of guard ships in the vicinity of the place where the activities are being or are to be carried on; or

(c)

the taking of other measures for the purposes of, or in connection with, the control of the movement of vessels in that vicinity.

(6)

A modification in exercise of the power under subsection (5) must be set out in a notice given by the person who granted the consent to the person whose obligations are modified.

(7)

In this section—

  • F10“appropriate authority” has the same meaning as in section 36;

  • “consent” means a consent under section 36 above;

  • “offshore generating activities” means—

    1. (a)

      the construction or operation of a generating station that is to comprise or comprises (in whole or in part) renewable energy installations; or

    2. (b)

      an extension of a generating station that is to comprise (in whole or in part) renewable energy installations or an extension of such an installation;

  • “the use of recognised sea lanes essential to international navigation” means—

    1. (a)

      anything that constitutes the use of such a sea lane for the purposes of Article 60(7) of the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941); or

    2. (b)

      any use of waters in the territorial sea adjacent to Great Britain that would fall within paragraph (a) if the waters were in a Renewable Energy Zone.

(8)

In subsection (7) “extension”, in relation to a renewable energy installation, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.

Annotations

Textual amendments

F1

Ss. 36A, 36B inserted (1.3.2005 for specified purposes, 1.9.2005 for specified purposes, 1.10.2005 in so far as not already in force) by Energy Act 2004 (c. 20), ss. 99(1), 198(2); S.I. 2005/442, art. 2(1)(3), Sch. 1, Sch. 3; S.I. 2005/877, art. 2(2), Sch. 2

F2

Words in s. 36B(1) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(7)(a), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F3

Words in s. 36B(1) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(7)(b), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F4

S. 36B(1A) inserted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 12(7)(b)(8), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))

F5

Words in s. 36B(2) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(8), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F6

Words in s. 36B(3) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(9), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F7

Words in s. 36B(4)(a) substituted (1.4.2019) by Wales Act 2017 (c. 4), ss. 40(10), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(a)

F8

Words in s. 36B(4)(b) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 3(2)(a) (with s. 116)

F9

Word in s. 36B(4)(b) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 3(2)(b) (with s. 116)

F10

Words in s. 36B(7) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), s. 118(1)(k), Sch. 1 para. 3(3) (with s. 116)

Modifications

C1

S. 36B: transfer of functions (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12, 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))