Article 13 Insertion of article 39, 40 and 41

After article 38 insert—

“Environmental impact assessments – areas beyond national jurisdiction

39

(1)

Article 4 applies to an activity—

(a)

in relation to which a notice has been given under regulation 11(3B)^f1 of the Marine Works (Environmental Impact Assessment) Regulations 2007^f2 (a notice stating that an activity does not require an environmental impact assessment), or

(b)

in relation to which a screening opinion has been given in accordance with paragraph 4A(2) of Schedule 2 to the Marine Works (Environmental Impact Assessment) Regulations 2007 stating that an environmental impact assessment is not required under regulation 8A^f3 of those Regulations.

(2)

But article 4 does not apply unless such activity falls within item 15, 17, 18, 19, 20, 21 or 23.

Activities specified in section 21 of the Marine (Scotland) Act 2010

40

(1)

Article 4 applies to an activity that falls within paragraph (2).

(2)

An activity falls within this paragraph if—

(a)

where the activity falls within item 14 or 15 (deposit in an area beyond national jurisdiction), the activity also falls within item 2 of the 2010 Act (deposit anywhere at sea from a vehicle loaded in Scotland etc);

(b)

where the activity falls within item 16 or 17 (scuttling of a vessel etc in an area beyond national jurisdiction), the activity also falls within item 4 of the 2010 Act (scuttling of a vessel anywhere at sea if towed from Scotland etc);

(c)

the activity is an incineration activity which falls within item 22 or 23 (incineration of any substance or object in an area beyond national jurisdiction), and the loading of the substance or object for incineration is an activity which falls within item 10 of the 2010 Act (to load a vehicle etc in Scotland with a substance or object for incineration anywhere at sea);

(d)

the activity falls within item 11 of the 2010 Act (deposit in an area beyond national jurisdiction by a Scottish person) and does not fall within item 3 (deposit anywhere in the sea from a vehicle etc loaded in the United Kingdom);

(e)

the activity falls within item 12 of the 2010 Act (scuttling of a vessel etc in an area beyond national jurisdiction by a Scottish person) and does not fall within item 6 (scuttling a vessel etc anywhere at sea if towed or propelled from the United Kingdom);

(f)

the activity is an incineration activity which falls within item 17 of the 2010 Act (incineration of any substance or object in an area beyond national jurisdiction by a Scottish person), and the loading of the substance or object for incineration is not an activity which falls within item 13 (to load a vehicle etc in the United Kingdom with any substance or object for incineration anywhere at sea);

(g)

the activity falls within item 13, 14, 15 or 16 of the 2010 Act (works activity, removal activity, dredging activity or deposit or use of explosives in an area beyond national jurisdiction by a Scottish person);

(h)

the activity—

(i)

falls within item 2 (deposit anywhere at sea except an area beyond national jurisdiction),

(ii)

falls within item 2 of the 2010 Act (deposit anywhere at sea from a vehicle loaded in Scotland etc), and

(iii)

does not occur within the UK marine licensing area;

(i)

the activity—

(i)

falls within item 5 (scuttling of a vessel etc anywhere at sea except an area beyond national jurisdiction),

(ii)

falls within item 4 of the 2010 Act (scuttling of a vessel anywhere at sea if towed or propelled from Scotland etc), and

(iii)

does not occur within the UK marine licensing area;

(j)

the activity is an incineration activity—

(i)

which falls within item 12 (incineration of any substance or object anywhere at sea except an area beyond national jurisdiction),

(ii)

where the loading of the substance or object for incineration is an activity which falls within item 10 of the 2010 Act (to load a vehicle etc in Scotland with a substance or object for incineration anywhere at sea), and

(iii)

which does not occur within the UK marine licensing area.

(3)

In paragraph (2) a reference to a particular numbered item “of the 2010 Act” is a reference to that numbered item in section 21(1) of the Marine (Scotland) Act 2010^f4 as that section has effect on the day on which this article comes into force.

Removal of submarine cables in areas beyond national jurisdiction

41

(1)

Article 4 applies to anything done in the course of removing an offshore stretch of exempt submarine cable in an area beyond national jurisdiction.

(2)

But article 4 does not apply to an activity that falls within item 21.

(3)

In this article, “exempt submarine cable” means a submarine cable that is exempt within the meaning of section 81(5) of the Act.”.