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The Marine Licensing (Notices Appeals) (Wales) Regulations 2011

W.S.I. 2011/923 · Made 22 March 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2017.

ENVIRONMENTAL PROTECTION, WALES

MARINE POLLUTION, WALES

TRIBUNALS AND INQUIRIES, WALES

Made 22 March 2011

Coming into force 6 April 2011

The Welsh Ministers, as the appropriate licensing authority under section 113(4)(b) of the Marine and Coastal Access Act 2009f1, make the following Regulations in exercise of the powers conferred by section 108 of that Act.

In accordance with section 316(6)(b) and (7)(f) of that Act, a draft of these Regulations has been laid before, and approved by, a resolution of, the National Assembly for Wales.

Annotations to the whole text

Footnotes

f1

2009 c. 23.

Contents

  1. 1Title, commencement and interpretation
  2. 2Application
  3. 3Appeals against variation, suspension or revocation of marine licence
  4. 4Appeals against enforcement notices, stop notices and emergency safety notices
  5. 5Appeals — further provisions
  6. 6Recovery of sums payable
  7. Signature
  8. Explanatory note

1Title, commencement and interpretationI1

(1)

The title of these Regulations is the Marine Licensing (Notices Appeals) (Wales) Regulations 2011.

(2)

These Regulations come into force on 6 April 2011.

(3)

In these Regulations “the 2009 Act” (“Deddf 2009”) means the Marine and Coastal Access Act 2009.

2ApplicationI1

These Regulations apply in relation to any licensable marine activity for which the Welsh Ministers are—

(a)

the appropriate licensing authorityf1 (and references in these Regulations to “the licensing authority” are to be read accordingly);

(b)

an enforcement authorityf2 (and references in these Regulations to “the enforcement authority” are to be read accordingly).

3Appeals against variation, suspension or revocation of marine licenceI1

(1)

A person to whom a notice under section 72 of the 2009 Act (notice varying, suspending or revoking a marine licence, or extending a period of suspension) has been issued may appeal to the First-tier Tribunalf1 against the notice.

F1(1A)

A person to whom a notice under—

(a)

section 72A(7) of the 2009 Act (further fees chargeable where the Welsh Ministers are the appropriate charging authority); or

(b)

section 107A(4) of the 2009 Act (deposits on account of fees payable to the Welsh Ministers);

has been issued may appeal to the First-tier Tribunal against the notice.

(2)

A notice referred to in paragraph (1) F2or paragraph (1A) varying a marine licence is suspended in relation to that variation pending determination of the appeal.

(3)

The First-tier Tribunal may suspend any other notice referred to in paragraph (1) F3or paragraph (1A) , wholly or in part, pending determination of the appeal.

4Appeals against enforcement notices, stop notices and emergency safety noticesI1

(1)

A person to whom any of the notices referred to in paragraph (2) has been issued may appeal to the First-tier Tribunal against the notice.

(2)

The notices are—

(a)

a compliance notice;

(b)

a remediation notice;

(c)

a stop notice;

(d)

an emergency safety noticef1.

(3)

A compliance notice and any requirement in any such notice, is suspended pending determination of an appeal against the notice.

(4)

The First-tier Tribunal may suspend a remediation notice, a stop notice or an emergency safety notice, wholly or in part, pending determination of the appeal.

5Appeals — further provisionsI1

(1)

In any appeal the burden of proof is on the licensing authority or enforcement authority (as appropriate), and—

(a)

if the appeal involves the alleged commission of an offence the authority must prove the commission of the offence beyond reasonable doubt, and

(b)

the First-tier Tribunal must determine the standard of proof in any other case.

(2)

The First-tier Tribunal may—

(a)

withdraw the notice or any requirement contained in it;

(b)

confirm the notice or any requirement contained in it;

(c)

vary the notice or any requirement contained in it;

(d)

take such steps as the licensing authority or enforcement authority (as appropriate) could take in relation to the act or omission giving rise to the notice;

(e)

remit the decision whether to confirm the notice, or any matter relating to that decision, to the licensing authority or enforcement authority (as appropriate).

6Recovery of sums payableI1

(1)

Any sum payable in pursuance of a decision of the First-tier Tribunal must be paid within 56 days of that decision.

(2)

Any such sum not paid within that time is—

(a)

recoverable as a civil debt;

(b)

recoverable, on the order of a court, as if payable under a court order.

Signature

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

22 March 2011

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for appeals to be made to the First-tier Tribunal against certain notices issued under Part 4 of the Marine and Coastal Access Act 2009 (“the 2009 Act”).

The notices are—

(a)

a notice varying, suspending or revoking a marine licence, or extending a period of suspension, issued under section 72 of the 2009 Act in relation to which the Welsh Ministers are the appropriate licensing authority (regulations 2(a) and 3);

(b)

a compliance notice, a remediation notice, a stop notice, or an emergency safety notice, in relation to which the Welsh Ministers are an enforcement authority (regulations 2(b) and 4). See section 115 of the 2009 Act for definitions of those notices.

Regulation 5 sets out powers of the First-tier Tribunal, and regulation 6 sets out provision for recovery of any sum payable pursuant to a decision of that Tribunal.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Marine Consents Unit, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ or at the Welsh Assembly Government website at www.wales.gov.uk.