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Marine (Scotland) Act 2010

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This is the original version (as it was originally enacted).

32Exemptions specified by order

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by order specify activities which—

(a)are not to need a marine licence,

(b)are not to need a marine licence if conditions specified in the order are satisfied.

(2)The conditions that may be specified in an order under subsection (1) include conditions enabling the Scottish Ministers to require a person to obtain their approval before the person does anything for which a licence would be needed but for the order.

(3)Approval under subsection (2) may be either—

(a)without conditions, or

(b)subject to such conditions as the Scottish Ministers consider appropriate.

(4)In deciding whether to make an order under subsection (1), the Scottish Ministers must have regard to—

(a)the need to protect the environment,

(b)the need to protect human health,

(c)the need to prevent interference with legitimate uses of the sea,

(d)such other matters as the Ministers consider relevant.

(5)The Scottish Ministers must consult such persons as they consider appropriate as to any order the Ministers propose to make under subsection (1).

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