Part 2: Legislative and executive competence: further provision Chapter 15: Marine licensing and conservation Section 46: Marine licensing in the Welsh offshore region
This section implements the recommendation of the Silk Commission, taken forward in the St David's Day Agreement that the existing executive responsibilities for marine licensing in the Welsh inshore region should be extended to the Welsh offshore region. The amendments made by section 46 provide for Welsh Ministers to exercise functions relating to marine licensing in the Welsh offshore region. Part 4 of the Marine and Coastal Access Act 2009 ("the 2009 Act") regulates the licensing of certain activities which take place in UK waters, other than the Scottish inshore region (defined in section 322(1) of the 2009 Act). The Welsh offshore region is defined in section 322(1) to mean so much of the Welsh zone as lies beyond the seaward limits of the territorial sea. Welsh zone takes its meaning from section 158(1) and (3) of GoWA.
	Section 113 of the 2009 Act contains the rules for determining which body is the appropriate licensing authority for any area. This varies depending on both the area and the nature of the activity. Subsection (2) amends section 113(4) so that Welsh Ministers are the appropriate licensing authority for Wales, the Welsh inshore region and the Welsh offshore region, unless the activity to be licensed falls within section 113(5) of the 2009 Act. In respect of those "reserved activities" the Secretary of State is the licensing authority.
	Subsection (2)(b) amends the list of those "reserved activities" in section 113(5) so as to additionally reserve, in relation to the Welsh offshore region only, any activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc.) (MSA). This type of activity is licensable by the Secretary of State in relation to the Welsh offshore region.
	Marine enforcement officers (MEOs) may be appointed under section 235 of the 2009 Act to carry out enforcement functions in relation to the marine licensing regime. Section 236 of the 2009 Act sets out the areas in which and the vessels and installations in relation to which a MEO may exercise enforcement powers. Subsection (3) of section 46 amends section 236(2) of the 2009 Act so as to extend the activities in relation to which a MEO cannot exercise its enforcement powers to include: (i) an activity in the Welsh offshore region concerning or arising from the exploration for, or production of, petroleum; and (ii) any activity in the Welsh offshore region falling within the subject matter of Part 6 of the MSA.
	Under section 240 of the 2009 Act, the Secretary of State is able to appoint persons to enforce the marine licensing regime in Part 4 of that Act, to the extent that it relates to the licensing of those "reserved activities". Subsection (4) amends subsection 240(1)(b) of the 2009 Act so that the Secretary of State is able to appoint persons for enforcement purposes relating to any activity in Wales, the Welsh inshore region or the Welsh offshore region concerning the exploration for, or production of, petroleum.
	Subsection (5) makes consequential amendments to section 241 of the 2009 Act so that enforcement officers appointed under that section do not have any powers to enforce Part 4 of the 2009 Act so far as relating to: (i) any activity concerning petroleum production or exploration in Wales, the Welsh inshore region or the Welsh offshore region; and (ii) any activity in the Welsh offshore region falling within the subject matter of Part 6 of the MSA.
	Subsections (6) to (9) of this section make consequential amendments to the Marine Licensing (Exempted Activities) (Wales) Order 2011 ("the 2011 Order"). The 2011 Order specifies activities which do not need a marine licence, or do not need a marine licence if conditions specified in the Order are satisfied. By virtue of Article 2 of the 2011 Order and subsection (2)(a) of section 46 , the 2011 Order applies in relation to any licensable marine activity carried on in Wales, the Welsh inshore region and the Welsh offshore region for which the Welsh Ministers are the appropriate licensing authority.