Exemptions from licensing requirements
Section 32 - Exemptions specified by order
46.Section 32 allows the Scottish Ministers to specify by order activities which will not need a marine licence. The Scottish Ministers must consult persons they consider appropriate as to any order they propose to make. When deciding under section 32(1) to specify an activity which does not need a marine licence, Scottish Ministers must have regard to the need to protect the environment, the need to protect human health, the need to prevent interference with legitimate uses of the sea, and any other matters considered relevant by those Ministers.
Section 33 - Activities below specified threshold of environmental impact
47.Section 33 allows the Scottish Ministers by regulations to permit licensable marine activities which fall below a specified threshold of environmental impact to be registered rather than licensed. The regulations may define the meaning of “fall below”, “registered” and “specified threshold of environmental impact”. The regulations may also include provisions for who will be responsible for the register and for offences for those who do not register.
Section 34 - Oil and gas, defence or pollution
48.Section 34 lists activities within the reserved sphere to which this Part does not apply.