Section 36B: Duties in relation to navigation, Electricity Act 1989

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

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

is likely to result from their having been carried on.

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).

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

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

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.

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

the activities in question; and

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.

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

how, in relation to those activities, the 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

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

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—

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

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

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

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.

In this section—

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.

Section 36B: Duties in relation to navigation

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