OpenLegislation

Section 78 Special procedure for applications relating to harbour worksI1I2

United Kingdom

(1)

This section has effect in cases where—

(a)

a person who proposes to carry on an activity must first make an application for a marine licence to carry on that activity (the “marine licence application”), and

(b)

a related application for a harbour order (the “harbour order application”) is or has been made by the person, or the harbour order authority has reason to believe that it will be so made.

(2)

A “related application for a harbour order” is an application for an order under section 14 or 16 of the Harbours Act in relation to—

(a)

the activity for which the marine licence is required, or

(b)

other works to be undertaken in connection with that activity.

(3)

In any case where—

(a)

both the marine licence application and the harbour order application have been made,

(b)

the harbour order authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) that the two applications are to be considered together, and

(c)

the harbour order authority has given notice of that decision to the applicant,

the two applications are to be considered together.

(4)

Subsection (5) applies in any case where—

(a)

one of the applications has been received but not the other,

(b)

the harbour order authority decides (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) that the two applications are to be considered together, and

(c)

the harbour order authority has given notice of that decision to the applicant.

(5)

In any such case—

(a)

the application that has been received is not to be considered until the other application has also been received,

(b)

the two applications are to be considered together, and

(c)

the condition in subsection (3)(b) is to be regarded as satisfied by virtue of subsection (4)(b),

but this is subject to any provision that may be made by virtue of subsection (6)(c) or (d) F1or (6A)(b).

(6)

F2Subject to subsection (6B), The Secretary of State may by order do any of the following—

(a)

make provision falling within subsection (7) for cases where subsection (3) applies;

(b)

make provision falling within subsection (7) for cases where subsection (5) applies;

(c)

make provision falling within subsection (7) or (8) for cases where the harbour order authority (with the agreement of the Welsh Ministers, if they are the marine licence authority and the Secretary of State is the harbour order authority) comes to the conclusion that the marine licence application is not going to be made;

(d)

make provision falling within subsection (7) or (8) for cases where the harbour order authority comes to the conclusion that the harbour order application is not going to be made.

F3(6A)

The Welsh Ministers may by regulations—

(a)

make provision falling within subsection (7) for cases where—

(i)

the Welsh Ministers are both the marine licence authority and the harbour order authority, and

(ii)

they have decided that the two applications are to be considered together and have given notice of that decision to the applicant;

(b)

make provision falling within subsection (7) or (8) for cases where—

(i)

the Welsh Ministers are both the marine licence authority and the harbour order authority, and

(ii)

they have concluded that one of the applications is not going to be made.

(6B)

The Secretary of State may not make provision under this section for cases where the Welsh Ministers are both the marine licence authority and the harbour order authority.

(7)

The provision that may be made by virtue of this subsection is—

(a)

provision that such procedural provisions of this Part as are specified in the order are not to apply to the marine licence application;

(b)

provision that such procedural provisions of the Harbours Act as are so specified are to apply to that application instead;

(c)

provision modifying the provisions of the Harbours Act in their application by virtue of paragraph (b).

(8)

The provision that may be made by virtue of this subsection is provision modifying—

(a)

such procedural provisions of this Part as are specified in the order, or

(b)

such procedural provisions of the Harbours Act as are specified in the order.

(9)

In this section—

  • “the harbour order authority” means—

    1. (a)

      the Secretary of State, in any case where the harbour order application falls (or would fall) to be determined by the Secretary of State;

    2. (b)

      the Welsh Ministers, in any case where the harbour order application falls (or would fall) to be determined by the Welsh Ministers;

  • “the Harbours Act” means the Harbours Act 1964 (c. 40);

  • “the marine licence authority” means—

    1. (a)

      the Secretary of State, in any case where the marine licence application falls (or would fall) to be made to the Secretary of State;

    2. (b)

      the Welsh Ministers, in any case where the marine licence application falls (or would fall) to be made to the Welsh Ministers;

  • “procedural provisions” means any provisions for or in connection with the procedure for determining an application.

Annotations

Textual amendments

F1

Words in s. 78(5) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 80(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F2

Words in s. 78(6) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 80(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

F3

S. 78(6A)(6B) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 80(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

Commencement

I1

S. 78 partly in force; s. 78 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2

S. 78 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)

Notes on Part 4

Modifications

C1

Pt. 4 excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)

C2

Pt. 4 excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)

C3

Pt. 4 modified (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C4

Pt. 4 modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)

C5

Pt. 4 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C6

Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)

C7

Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)

C8

Pt. 4 modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)

C9

Pt. 4 modified (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 39 (with arts. 47, 48, Sch. 10)

C10

Pt. 4 modified (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), arts. 1, 5 (with arts. 37, 38, Sch. 10)

C11

Pt. 4 modified (22.9.2025) by The Morgan Offshore Wind Project Generation Assets Order 2025 (S.I. 2025/1012), arts. 1, 5 (with arts. 9, 10)

C12

Pt. 4 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 42(1) (with Sch. 12)

C13

Pt. 4 modified (23.12.2025) by The Morecambe Offshore Windfarm Generation Assets Order 2025 (S.I. 2025/1366), arts. 1, 5 (with arts. 9, 10)

C14

Pt. 4 modified (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 5 (with arts. 39, 40, Sch. 9)

C15

Pt. 4: power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 22(3), 32(1) (with s. 30)

C16

Pt. 4 modified (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), arts. 1, 35 (with arts. 44, 45, Sch. 14)

C17

Pt. 4 modified (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), arts. 1, 35 (with arts. 40, 41, Sch. 15)