Explanatory note

The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011 (“the principal Order”) specifies activities which do not need a marine licence under the marine licensing regime contained in Part 4 of the Marine (Scotland) Act 2010 or do not need a marine licence if conditions specified in the principal Order are satisfied.

Article 12 of the principal Order makes provision in relation to deposits within the Scottish marine area concerning the propagation and cultivation of fish.

Article 2 of this Order amends article 12 of the principal Order. It extends the geographical scope of the pre-existing exemption for deposit of substances to cover the whole of the Scottish marine area, where previously it was limited to waters within the Scottish marine area in an area defined as “controlled waters”. It makes changes to the pre-existing exemption for deposit of equipment by broadening the definition of “equipment” so that it applies to deposit of all types of equipment carried on in the course of the propagation or cultivation of fish, where previously particular types of equipment were specified. It also provides a condition that a deposit of equipment must be authorised by and carried out an in accordance with planning permission.