C1C2C3C4C5C6C7C8Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)

Chapter 5Supplementary

Interpretation

I1I2113The appropriate licensing authority

1

This section has effect for determining who is the appropriate licensing authority for any area (and any licensable marine activity carried on in that area).

2

In relation to the Scottish offshore region, the appropriate licensing authority is—

a

the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (3);

b

except as provided by paragraph (a), the Scottish Ministers.

3

The activities are—

a

any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) of Schedule 5 to the Scotland Act 1998 (c. 46) (but see also section 77 above (this Part not to apply to certain oil and gas etc activities));

b

any activity relating to a matter which is a reserved matter by virtue of paragraph 9 in Part 1 of that Schedule (defence);

c

any activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (c. 21) (pollution etc).

4

In relation to WalesF1, the Welsh inshore region and the Welsh offshore region, the appropriate licensing authority is—

a

the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (5);

b

except as provided by paragraph (a), the Welsh Ministers.

5

The activities are—

a

any activity concerning or arising from the exploration for, or production of, petroleum (but see also section 77 (this Part not to apply to certain oil and gas etc activities));

b

any defence activity other than an excepted activity.

F2c

in relation to the Welsh offshore region, any activity falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc).

Subsection (9) supplements this subsection.

6

In relation to Northern Ireland and the Northern Ireland inshore region, the appropriate licensing authority is—

a

the Secretary of State, as respects anything done in the course of carrying on an activity falling within subsection (7);

b

except as provided by paragraph (a), the Department of the Environment in Northern Ireland.

7

The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (defence of the realm etc).

8

In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.

9

In subsection (5)—

  • “defence activity” means any activity relating to—

    1. a

      the defence of the realm;

    2. b

      the naval, military or air forces of the Crown, including reserve forces;

    3. c

      visiting forces;

    4. d

      international headquarters and defence organisations;

    5. e

      trading with the enemy and enemy property;

  • “excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of—

    1. a

      any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or

    2. b

      any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;

  • “petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).