Nicola Canty#731

Nicola Canty

Nicola is a specialist marine, environmental and public law barrister. She advises on judicial reviews, public inquiries and a wide range of regulatory matters, specialising in issues relating to the marine environment, including licensing, planning, regulation and enforcement, and conservation.


Nicola was called to the Bar by the Inner Temple in 2006 and has broad experience of working at both the self-employed Bar in Chambers and the employed Bar as a part of a law firm.
Contributed to

18

Harbour authorities—duties and powers
Harbour authorities—duties and powers
Practice notes

This Practice Note explains the duties and powers of harbour authorities, including sources of powers and duties, dues, charges and open port duty, navigation, pilotage (CHAs), health and safety, the Port Marine Safety Code, dangerous goods, environmental protection, oil pollution, waste management, wrecks and dangerous vessels. It is part of a series of notes on ports and harbours.

Harbour Revision, Closure and Empowerment Orders
Harbour Revision, Closure and Empowerment Orders
Practice notes

This Practice Note explains what harbour orders, harbour revision orders, closure orders and empowerment orders are. It gives procedural guidance for making harbour order applications, including: creating new harbour powers, changing existing harbour powers, pre-application considerations, supporting documentation requirements, fees, public notice advertising, public inquiries and giving notice of a decision.

Integrated Coastal Zone Management
Integrated Coastal Zone Management
Practice notes

This Practice Note looks at the development, objectives and principles of integrated coastal zone management (IZCM) which is a process for the management of the coastal zone on either side of the seashore by various policy makers and stakeholders in an attempt to achieve sustainability.

Marine licensing—appealing against notices
Marine licensing—appealing against notices
Practice notes

This Practice Note outlines the process for appealing against notices varying, suspending or revoking a marine licence, compliance notices, stop notices remediation notices and emergency safety notices as set out in the Marine Licensing (Notices Appeals) Regulations 2011.

Marine licensing—construction
Marine licensing—construction
Practice notes

This Practice Note looks at the common issues relating to marine construction in the English inshore region (0–12nm). It does not address the specialised cases of aquaculture, electricity works or cables and pipelines. The offshore oil and gas licensing regime is also excluded from consideration in this note.

Marine licensing—exempt activities
Marine licensing—exempt activities
Practice notes

This Practice Note outlines the legislative context and exempt activities in the Marine Licensing (Exempted Activities) Order 2011, SI 2011/409. It looks at the categories for activities that exemptions fall into, including category 1 exemptions for which no notification is required, category 2 exemptions which require notification to be given and category 3 exemptions which require approval from the Marine Management Organisation (MMO). It also looks at conditions of exemptions and enforcement.

Marine licensing—licence application appeals
Marine licensing—licence application appeals
Practice notes

This Practice Note outlines the appeal process in the Marine Licensing (Licence Application Appeals) Regulations 2011 if there is an appeal against a refusal to grant a marine licence or against the conditions imposed in a marine licence.

Marine licensing—licence application procedure
Marine licensing—licence application procedure
Practice notes

This Practice Note explains what licensable marine activities are and outlines the procedure for obtaining a marine licence under the Marine and Coastal Access Act 2009 (MCAA 2009). Details on procedure include looking at pre-application steps, statutory consultees, fees and charges, impact assessments, validation, self service licensing, conditions, inquiries, the recovery power of the Secretary of State and regional licences for low impact maintenance activities at multiple sites. Marine licensable activities includes all vessels, aircraft or structures depositing, scuttling or incinerating any object or substance, or loading or beginning to tow, within the UK marine licensing area, as well as British vessels, aircraft or structures depositing, scuttling or incinerating any object or substance anywhere at sea.

Marine licensing—public register
Marine licensing—public register
Practice notes

This Practice Note outlines the public register of applications and licences under the Marine Licensing (Register of Licensing Information) Regulations 2011.

Marine licensing—submarine cables and pipelines
Marine licensing—submarine cables and pipelines
Practice notes

This Practice Note summarises the legislative regime for the laying of submarine cables and electronic communications apparatus.

Marine licensing—varying, suspending or revoking a licence
Marine licensing—varying, suspending or revoking a licence
Practice notes

This Practice Note provides details on how a marine licence can be varied, suspended or revoked, and what the effect of suspension or revocation is. This Practice Note looks at the relevant provisions in the Marine and Coastal Act 2009 and considers whether suspension or revocation would make the continued presence of an item or apparatus installed on the seabed by virtue of that licence unlawful.

Marine licensing—Wales
Marine licensing—Wales
Practice notes

This Practice Note outlines the marine licensing process in Wales, including role of Natural Resources Wales (NRW) and looks at the changes introduced by the Wales Act 2017.

Marine planning under Marine and Coastal Access Act 2009
Marine planning under Marine and Coastal Access Act 2009
Practice notes

This Practice Note outlines marine planning under the Marine and Coastal Access Act 2009 (MCAA 2009). It covers: marine planning, including the role of the Marine Management Organisation (MMO), the marine policy statement, marine plans, marine conservation zones (MCZs), and marine licensing.

OSPAR, London Convention and London Protocol—implementation in England and Wales
OSPAR, London Convention and London Protocol—implementation in England and Wales
Practice notes

This Practice Note considers how the OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic 1992 (OSPAR) is implemented in England and Wales, what the status of its decisions and recommendations are and what the role of the OSPAR Commission is. This Practice Note highlights how OSPAR interacts with the Marine Strategy Framework Directive 2008/56/EC (MSFD), and other EU legislation, such as the Birds Directive 2009/147/EC and Habitats Directive 92/43/EEC. It also looks at the MOX Plant case (Ireland v United Kingdom), which determined that the European Court of Justice was the appropriate forum for disputes between European Member States in relation to OSPAR. This Practice Note also provides details on the North-East Atlantic Environment Strategy, Regional Action Plans for marine litter and on contracting parties’ reporting obligations concerning OSPAR implementation. Finally, it includes information on how OSPAR overlaps with the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (the London Convention) and the Protocol to the London Convention (the London Protocol), how they are implemented and the regulatory bodies responsible for administering them.

Ports and harbours regulation
Ports and harbours regulation
Practice notes

This Practice Note provides a look at the regulation of ports and harbours. It covers the definition of harbour authorities and introduces the different categories of ports and harbours. While the most relevant general legislation is identified, this Practice Note does not address in detail the financial regulation of ports and harbours or the regulation of ship operations themselves. It was produced in partnership with Nicola Canty of 9 Hazel Tree Chambers.

The Marine Management Organisation
The Marine Management Organisation
Practice notes

The Marine Management Organisation (MMO) is a statutory body created by the Marine and Coastal Access Act 2009 (MCAA 2009) to license, regulate and plan marine activities in the seas around England. This Practice Note explains the status and legal framework of the MMO and summarises the functions, duties, responsibilities and enforcement powers of the MMO.

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot
United Nations Convention on the Law of the Sea (UNCLOS)—snapshot
Practice notes

This Practice Note is a snapshot on the United Nations Convention on the Law of the Sea (UNCLOS), also known as the Law of the Sea Convention (LOSC) that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III) which took place between 1973 and 1982. The topics covered by this international treaty are vast and the overview below provides a short introduction to the subject.

Other work

Practice Areas

Panel

  • Contributing Author

Qualified Year

  • 2006

Membership

  • IBA
  • Constitutional and Administrative Law Bar Association (ALBA)
  • Bar of England and Wales
  • UK Environmental Law Association

Education

  • LLM Environmental Law and Policy (University College London)
  • BSc Oceanography (University of Southampton)

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