Paragraph 5 I1

In the Food and Environment Protection Act 1985 after section 8 (licences) insert—

“Electronic communications apparatus: operations in tidal waters etc

8A

(1)

The Scottish Ministers must not issue a licence to carry out any operation which amounts to, or involves the exercise of, a right conferred by paragraph 11 of the electronic communications code set out in Schedule 2 to the Telecommunications Act 1984 unless they are satisfied that adequate compensation arrangements have been made.

(2)

For the purposes of subsection (1) “adequate compensation arrangements” are adequate arrangements for compensating any persons—

(a)

who appear to the Scottish Ministers to be owners of interests in the tidal water or lands on, under or over which the right is to be exercised,

(b)

for any loss or damage sustained by those persons in consequence of the operation being carried out.”.