The Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011

PART 3 S Exempt activities and conditions

Interpretation of this Part S

6.  In this Part—

(a) a reference to a “deposit” is a reference to a deposit falling within item 1 (deposits within UK marine licensing area), 3 (deposits from vehicle, vessel etc. loaded in UK marine licensing area) or, except as otherwise provided, 10 (deposit of explosives within UK marine licensing area);

(b) a reference to a “dredging activity” is a reference to an activity falling within item 9 (dredging within UK marine licensing area);

(c) a reference to a “removal activity” is [F1 , except as otherwise provided,] a reference to an activity falling within item 8 (use of vehicle, vessel etc. to remove substance or object from sea bed within UK marine licensing area);

(d) a reference to a “works activity” is a reference to an activity falling within item 7 (construction, alteration or improvement of works within UK marine licensing area).

Textual Amendments

F1 Words in art. 6(c) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 10

Safety directions under the Merchant Shipping Act 1995 S

7.  This article applies to an activity carried on—

(a) by or on behalf of the Secretary of State in exercise of a power under Schedule 3A to the Merchant Shipping Act 1995 M1 (safety directions);

(b) by any person for the purpose of complying with a direction under that Schedule; or

(c) by any person for the purpose of avoiding interference with action taken by virtue of that Schedule.

Marginal Citations

M1 1995 c.21; section 108A, which gives effect to Schedule 3A, was inserted by section 1(1) of the Marine Safety Act 2003 (c.16).

Salvage activities S

8.  This article applies to an activity carried on, in the course of a salvage operation, for the purpose of ensuring the safety of a vessel or preventing pollution.

Fire fighting etc. S

9.  This article applies to an activity carried on for the purpose of fighting, or preventing the spread of, any fire.

Air accident investigation S

10.  This article applies to a deposit or removal activity carried on for the purpose of recovering any substance or object as part of an investigation into any accident involving an aircraft.

Fishing – deposits S

11.—(1) This article applies—

(a) to the deposit of fishing gear during the course of a fishing operation;

(b) to the deposit by way of return to the sea—

(i) of any fish during the course of a fishing operation; or

(ii) of any other object during the course of a fishing operation,

provided that the fish or other object has not been landed before being so returned;

(c) to the deposit by way of return to the sea of any fish during the course of fish processing at sea.

(2) This article does not apply—

(a) to a deposit of fishing gear made for the purpose of disposal;

(b) except in the case of a deposit falling within paragraph (1)(b)(ii), to a deposit to the extent that it falls within item 10.

Fishing – removal activity and dredging activity S

12.  This article applies—

(a) to a removal activity carried on for the purpose of removing fishing gear in the course of a fishing operation;

(b) to a dredging activity carried on in the course of any fishing operation.

Deposits of marine chemical and marine oil treatment substances etc. S

13.—(1) This article applies to the deposit of any—

(a) marine chemical treatment substance;

(b) marine oil treatment substance;

(c) marine surface fouling cleaner.

(2) This article is subject to conditions 1 to [F2 4].

(3) Condition 1 is that the substance must be one the use of which is for the time being approved for the purposes of this Order by the Scottish Ministers.

(4) Condition 2 is that the substance must be used in accordance with any conditions to which the approval is subject.

(5) Condition 3 is that no deposit must be made in an area of the sea of a depth of less than 20 metres or within one nautical mile of any such area except with the approval of the Scottish Ministers.

[F3 (5A) Condition 4 is that no deposit of any substance may be made below the surface of the sea except with the approval of the Scottish Ministers.]

(6) In paragraph (1)—

(a) “marine chemical treatment substance” and “marine oil treatment substance” have the same meaning as in section 107(2) of the Act;

(b) “marine surface fouling cleaner” means any substance used or intended to be used for removing surface fouling matter from the surface of the sea or of the sea bed.

Textual Amendments

F2 Word in art. 13(2) substituted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 11(a)

F3 Art. 13(5A) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 11(b)

Deposit of equipment to control, contain or recover oil etc. S

14.—(1) This article applies to the deposit of any equipment for the purpose of controlling, containing or recovering any—

(a) oil;

(b) mixture containing oil;

(c) chemical;

(d) flotsam; or

(e) algal bloom.

(2) This article does not apply to a deposit to the extent that it falls within item 10.

Scientific instruments etc. – deposits S

15.—(1) This article applies—

(a) to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;

(b) to the deposit of any reagent or any chemical or particle tracer.

(2) In the case of the deposit of any reagent or chemical or particle tracer, this article is subject to the condition that the use of the reagent or the chemical or particle tracer must be for the time being approved for the purposes of this Order by the Scottish Ministers.

(3) This article does not apply to—

(a) a deposit made for the purpose of disposal;

(b) a deposit that causes or is likely to cause obstruction or danger to navigation;

(c) a deposit—

(i) that falls within sub-paragraph  [F4 (a) or (b)] of paragraph (4); and

(ii) that is not directly connected with or necessary to the management of the site or area referred to in that sub-paragraph.

(4) A deposit falls within this paragraph if—

(a) it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or

(b) it is capable of affecting (other than insignificantly)—

(i) the protected features of an MPA;

(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

(5) In paragraph (4)(a), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Textual Amendments

F4 Words in art. 15(3)(c)(i) substituted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 12

Scientific instruments etc. – removal activity S

16.—(1) This article applies to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in article 15(1)(a).

(2) This article does not apply to such an activity—

(a) that falls within sub-paragraph (a), (b) or (c) of paragraph (3); and

(b) that is not directly connected with or necessary to the management of the site or area referred to in that sub-paragraph.

(3) Such an activity falls within this paragraph if—

(a) it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or

(b) it is capable of affecting (other than insignificantly)—

(i) the protected features of an MPA;

(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

(4) In paragraph (4)(a), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

[F5 Accidental deposits – removal activity S

16A.— (1) This article applies to a removal activity carried on for the purpose of removing any object from the seabed which has been accidentally deposited there.

(2) This article is subject to conditions 1 and 2.

(3) Condition 1 is that notice of the activity must be given, in writing, to the Scottish Ministers no later than 3 months from the date of commencement of the removal activity.

(4) Condition 2 is that the object to be removed from the seabed has been deposited there for less than one year before the removal activity is commenced.

(5) This article does not apply to an activity where—

(a) it causes, or is likely to cause, obstruction or danger to navigation;

(b) it is a plan or project that is likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or

(c) it is capable of affecting (other than insignificantly)—

(i) the protected features of an MPA; or

(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

(6) A reference to a “removal activity” in this article does not include the use of an aircraft, marine structure or floating container to remove the object from the seabed.

(7) In paragraph (5)(b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Textual Amendments

F5 Arts. 16A, 16B inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 13

Sediment sampling S

16B.— (1) This article applies to a removal activity carried on for the purpose of sediment sampling.

(2) This article is subject to the condition that notice of the intention to carry on the activity must be given, in writing, to the Scottish Ministers before the activity is commenced.

(3) This article does not apply to an activity where—

(a) the volume of sediment removed is more than 1 cubic metre;

(b) it causes, or is likely to cause, obstruction or danger to navigation;

(c) it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or

(d) it is capable of affecting (other than insignificantly)—

(i) the protected features of an MPA; or

(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

(4) In paragraph (3)(c), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.]

Textual Amendments

F5 Arts. 16A, 16B inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 13

Aggregates or mineral dredging – deposits S

17.  This article applies—

(a) to the deposit, on the site of dredging for aggregates or other minerals, of any substance or object taken from the sea in the course of such dredging (other than any of the aggregates or minerals being dredged);

(b) to the deposit of waters (whether by overflow or pumped discharge) from the hold of a vessel—

(i) in the normal course of dredging for aggregates or other minerals; or

(ii) at the site of such dredging following its completion or during the return journey of the vessel.

Deposits in the course of normal navigation or maintenance S

18.—(1) This article applies to a deposit from a vehicle, vessel, aircraft or marine structure in the course of its normal navigation or maintenance.

(2) This article does not apply to a deposit—

(a) made for the purpose of disposal;

(b) to the extent that it falls within item 10.

Removal of obstruction or danger to navigation S

19.  This article applies to a removal activity carried on by or on behalf of a lighthouse authority for the purpose of removing anything causing or likely to cause obstruction or danger to navigation.

Moorings and aids to navigation – deposits and works activity S

20.—(1) This article applies to a deposit or works activity carried on by—

(a) a lighthouse authority; or

(b) any other person in accordance with the approval or consent of any such authority,

for the purpose of providing a pile mooring, swinging mooring or aid to navigation.

(2) This article does not apply—

(a) to the deposit of a pontoon;

(b) to the construction of a pontoon.

Mooring and aids to navigation – removal activity S

21.  This article applies to a removal activity carried on for the purpose of removing a mooring or aid to navigation referred to in article 20(1).

Deposit and use of flares etc. – safety purposes and training S

22.  This article applies to the deposit or use of any distress flare, smoke float or similar pyrotechnic substance or object for the purpose of—

(a) securing the safety of a vessel, aircraft or marine structure;

(b) saving life; or

(c) training for any purpose referred to in paragraph (a) or (b).

Cables and pipelines – authorised emergency inspection and repair S

23.—(1) This article applies to a deposit, removal activity or dredging activity carried on for the purpose of executing emergency inspection or repair works to any cable or pipeline.

(2) This article is subject to the condition that the activity may only be carried on in accordance with an approval granted by the Scottish Ministers for that purpose.

(3) This article does not apply to any such deposit falling within item 10.

Rights of foreign vessels etc. under international law S

24.—(1) This article applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to—

(a) a third country vessel;

(b) a warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel).

(2) In this article, “third country vessel” means a vessel which—

(a) is flying the flag of, or is registered in, any State or territory [F6 other than the United Kingdom]; and

(b) is not registered in [F7 the United Kingdom].

Textual Amendments

F6 Words in art. 24(2)(a) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 24(2)(b) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Activities carried on in the Scottish inshore region S

25.  This article applies—

(a) to an activity carried on in the Scottish inshore region; or

(b) to the loading of a vehicle, vessel, aircraft, marine structure or floating container with any substance or object for incineration in the Scottish inshore region.