Marine and Coastal Access Bill [HL]

On that latter point, it is difficult to devise a strategy which copes with the requirements of the film industry over a limited period of time with regard to harbour walls. I have to confess that I have no specific notes on that point, as the noble Lord, Lord Tyler, would expect. The changes that would result from these two clauses have been welcomed by industry and are part of our efforts towards better regulation in the marine environment. They will reduce the administrative burden on the developer, the regulator and the consultee alike, and help to prevent delays in obtaining regulatory approval for a harbour or offshore energy generation development. I shall defend the clauses by explaining more specifically how they work. Clause 75 enables an application for a harbour order under the Harbours Act 1964 and an application for a marine licence to be considered together through the same special procedure if they relate to the same activity or works. Clause 76 makes similar provision for offshore generating stations that require consent under Section 36 of the Electricity Act 1989 and a marine licence. The special procedure will be the procedure outlined in either the Harbours Act 1964 or the Electricity Act 1989, but modified as necessary to take full account of the concerns of the Bill—that is, the marine licensing regime’s requirements—by an order under subsection (6). The special procedure will be activated at the discretion of the harbour order or generating station authority. In the event that the Marine Management Organisation is the harbour order authority or generating station authority and the Welsh Ministers the marine licensing authority, the special procedure could be activated only with the agreement of the Welsh Ministers. In those instances the MMO will issue a notice to the applicant to that effect. Subsections (6) to (8) of Clauses 75 and 76 give the Secretary of State the power, by order, to modify the procedural provisions of the Harbours Act and the Electricity Act as they relate to the special procedure. I want to be clear about what the order will do; it will set up a generic special procedure that will apply to all subsequent applications that take advantage of that procedure. An order will not be made in each and every circumstance where the procedure is to be applied. That will guarantee consistency of treatment across the board. Secondly, the order can modify the procedural provisions of the Harbours Act and the Electricity Act to enable it fully to consider marine licence requirements. Thirdly, and perhaps most importantly, the marine licensing authority will still need to have regard to the need to protect the environment and human health and prevent interference with other uses of the sea, just as with any other marine licence determination. I emphasise that it will not reduce the environmental safeguards enshrined in the marine licence. The end result of the special procedure is both a harbour order—or Section 36 consent—and a marine licence, issued by the relevant authorities that take account of the full range of considerations as set out in each piece of legislation. The marine licence that applies is enforceable just as much as a marine licence issued under the ordinary procedure that we have described in Clauses 64 to 68. With these two clauses we are seeking to reduce the regulatory burden in the marine environment. At the moment, a port could require a Food and Environment Protection Act licence, consent under the Coast Protection Act and a harbour order from two—or, in Wales, three—different bodies. Under the proposals in Clauses 75 and 76, however, the same works can undergo the full regulatory processes in one clearly understood procedure and to one timescale. It is a big step towards enabling a joined-up, holistic consideration of developments with environmental, navigation and socio-economic factors considered in the round at the same time. That is the justification for this procedure. I recognise the noble Lord’s anxieties, but he will appreciate that industry seems to be satisfied with the arrangements we are making. They provide essential safeguards with regard to the marine position and the crucial aspects of the protection of the marine environment while creating, out of the two Acts that otherwise govern these authorities, one procedure that is clearly understood and can be implemented. I appreciate the concern about these clauses, but I hope that noble Lords will recognise that this is driven by an attempt to create a straightforward and relatively simple process by which we can deal with these issues and bring together one clear regulatory step and thereby reduce the regulatory burdens on industry. That is the basis on which I hope the noble Lord will feel able to accept the clauses and withdraw his objection.