Article 4 Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011^f1 is amended as follows.

In article 5 (interpretation of this Part)—

In article 10(2)(b) (fishing – deposits), after “8” insert “or 16”.

For article 13 (propagation and cultivation of fish – removal activity and dredging activity) substitute—

“Propagation and cultivation of fish – removal activity and dredging activity

13

(1)

Subject to paragraph (2), this article applies to—

(a)

a removal activity carried on in the course of the propagation or cultivation of fish;

(b)

a dredging activity carried on in the course of the propagation or cultivation of shellfish.

(2)

This article does not apply to the removal or dredging activities in paragraph (1) where they take place outside the Scottish marine area.”.

In article 16(2) (deposit of equipment to control, contain or recover oil etc.), after “8” insert “or 16”.

In article 23(2)(b) (deposits in the course of normal navigation or maintenance), after “8” insert “or 16”.

In article 30(2) (dismantling of ships), after “8” insert “or 16”.

In article 32(3) (cables and pipelines – authorised emergency inspection and repair), after “8” insert “or 16”.

For article 35 (activities carried on outside the Scottish marine area) substitute—

“Activities carried on outside the Scottish marine area

35

(1)

Subject to paragraph (2), this article applies to—

(a)

an activity carried on outside the Scottish marine area; or

(b)

the loading of a vehicle, vessel, marine structure or floating container with any substance or object for incineration outside the Scottish marine area.

(2)

This article does not apply where—

(a)

an activity falls within item 2 or 4 of the 2010 Act and the activity takes place outside the UK marine area;

(b)

an activity falls within item 10 of the 2010 Act and the incineration takes place outside the UK marine area;

(c)

an activity falls within item 13, 14, 15 or 16 of the 2010 Act;

(d)

an activity falls within item 11 of the 2010 Act and does not fall within item 3 of the 2009 Act;

(e)

an activity falls within item 12 of the 2010 Act and does not fall within item 6 of the 2009 Act;

(f)

an activity falls within item 17 of the 2010 Act and does not fall within item 13 of the 2009 Act.”.

After article 35 insert—

“Activities involving submarine cables outside the Scottish marine area

36

(1)

Subject to paragraph (2), this article applies to an activity carried on outside the Scottish marine area so far as it consists of doing anything in the course of laying, maintaining or removing a submarine cable.

(2)

This article does not apply—

(a)

where the activity—

(i)

is to occur in an area beyond national jurisdiction; and

(ii)

relates to a cable constructed or used in connection with any of the following—

(aa)

the exploration of the UK sector of the continental shelf;

(bb)

the exploitation of the natural resources of that sector;

(cc)

the operations of artificial islands, installations and structures under the jurisdiction of the United Kingdom;

(dd)

the prevention, reduction or control of pollution from pipelines;

(b)

to deposits to the extent that they fall within item 8 or 16.

(3)

In paragraph (2) “area beyond national jurisdiction” has the same meaning that it has in section 21(3C) of the 2010 Act.

Activities carried out in areas beyond national jurisdiction – environmental impact assessments

37

(1)

Subject to paragraph (2), this article applies to an activity in relation to which—

(a)

a screening opinion has been adopted in accordance with regulation 9(2A) (general provisions relating to screening) of the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017^f2 (“the 2017 Regulations”) stating that the BBNJ works are not an EIA project; or

(b)

a notice has been given under regulation 12(2B) (application without prior screening) of the 2017 Regulations.

(2)

This article only applies to such an activity where that activity falls within item 11, 12, 13, 14, 15, 16 or 17.”.