The following Environment practice note Produced in partnership with Nicola Canty of 9 Hazel Tree Chambers provides comprehensive and up to date legal information covering:
The Secretary of State is the appropriate licensing authority under Part 4 of the Marine and Coastal Access Act 2009 (MCAA 2009) in relation to English inshore waters and specified licensable activities in the UK marine licensing area. See Overview: Marine licensing. Most of the Secretary of State’s marine licensing functions were delegated to the Marine Management Organisation (MMO) under the Marine Licensing (Delegation of Functions) Order 2011.
The licensing authority is legally obliged to keep a public register of marine licensing information on marine licence applications, granted licences and compliance and enforcement action. The public register is maintained in accordance with Data Protection Act requirements.
The most recent information is made publicly available, including marine minerals extraction and renewable energy documents, Environmental Impact Assessment (EIA) documents such as screening and scoping opinions and EIA consent decisions, and any wildlife licences that have been issued by the MMO.
MCAA 2009, s 101 created a duty for each licensing authority to maintain a register of licensing information in relation to the licensable marine activities identified in MCAA 2009, s 66 for which it is the appropriate licensing authority. The register must be maintained in accordance with regulations made by the appropriate licensing authority.
The Marine Licensing (Register of Licensing Information) Regulations 2011, SI 2011/424 prescribes the particulars of the matters required by MCAA 2009, s 101
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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