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Offshore Petroleum Development (Scotland) Act 1975

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This is the original version (as it was originally enacted).

5Terms and effect, etc. of licences under s. 4

(1)A licence under section 4 of this Act may be granted subject to conditions relating to the conduct of the operations or works subject thereto; and the said conditions may include conditions in respect of any relevant operations (whether or not within the designated sea area to which the licence relates) which are related to the operations or works which are the subject of the licence.

(2)A licence granted in respect of relevant operations in terms of section 4(1) of this Act shall supersede any inconsistent provision in any local enactment or in any byelaw or licence made or granted (whether before or after the granting of the licence first mentioned) by a local authority, harbour authority or other public authority; and the provisions of sections 9 and 10 of the Harbours Act 1964 (control of harbour development) shall not apply in relation to any relevant operations authorised by a licence granted under section 4 of this Act.

(3)Subject to subsection (4) below, a licence granted in respect of relevant operations in terms of section 4(1) of this Act shall have the effect that no action shall lie in respect of any interference with any public or private rights of navigation or fishery or other public or private rights in the sea or sea bed in the designated sea area to which the licence relates, arising from operations carried on in accordance with the licence.

(4)Where a private right is interfered with under the authority of subsection (3) above, the person to whom the licence has been granted shall be liable to pay compensation for any resulting loss or damage suffered by the person entitled to the right; and any question of disputed compensation under this subsection shall be referred to and determined by the Lands Tribunal for Scotland.

(5)Any person responsible for operations or works requiring a licence under section 4 of this Act who executes such operations or works without such a licence, and any holder of such a licence who contravenes a condition imposed under subsection (1) above, shall be guilty of an offence, and shall be liable—

(a)on conviction on indictment, to a fine ;

(b)on summary conviction, to a fine not exceeding £5,000;

and if the contravention consists in failing to execute any operations or works the Secretary of State may execute them and recover the cost of doing so from the person in default.

(6)The Secretary of State may charge, for the issue of a licence under section 4 of this Act, such fee as he may with the approval of the Treasury determine.

(7)A licence granted under section 4 of this Act may at any time be varied or revoked by the Secretary of State.

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