Marine (Scotland) Act 2010

33 Activities below specified threshold of environmental impact

(1) The Scottish Ministers may by regulations provide that licensable marine activities which fall below a specified threshold of environmental impact—

(a) are not to need a marine licence, but

(b) are instead to be registered.

(2) Regulations under subsection (1) may—

(a) define or elaborate the meaning of—

(i) “fall below”,

(ii) “registered”,

(iii) “specified threshold of environmental impact”,

(b) make further provision in relation to registration of the activities, including in particular the procedure in relation to registration.

(3) The regulations may also—

(a) create offences,

(b) provide that any offence created is triable summarily or on indictment,

(c) provide for any offence created to be punishable—

(i) on summary conviction, by a fine not exceeding £50,000,

(ii) on conviction on indictment, by a fine, imprisonment for a period not exceeding 2 years, or both.

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