Clause 102 - Extinguishment etc. of public rights of navigation
Energy Bill [Lords]
3:30 pm
Mr Nigel Griffiths (Parliamentary Under-Secretary, Department of Trade and Industry; Edinburgh South, Labour)
The clause provides the Secretary of State with powers over navigation where the applicant is applying at the same time for a consent under section 36 of the Electricity Act 1989 to construct and operate a generating station.
Clause 103 applies where the applicant already has a section 36 consent and wants to apply for a declaration extinguishing the public right of navigation in respect of that generating station. I am advised that the clause will apply in a very limited number of cases because it applies only to section 36 consents issued before the commencement of a section 201 consent. The clause includes a process to ensure that the generator's application for a declaration is made known, so that there is an opportunity for persons with an interest to give their views to the Secretary of State or to Scottish Ministers as appropriate. Those views are taken into account before a decision is taken.
The hon. Lady referred to safety. It is simply not factual to say that navigational safety is not considered under the Transport and Works Act 1992. It is taken into account before an order is made under that Act. The Bill's powers over navigation are less about safety than about the risk that a developer, having received a consent under section 36 of the Electricity Act 1989 for a development, is sued for installing the wind farm in the water and causing a ''public nuisance''. That is why the clause should stand part of the Bill.
Question put and agreed to.
Clause 102 ordered to stand part of the Bill.
Clause 103 ordered to stand part of the Bill.