Part 4Marine licensing
Chapter 5Supplementary
Interpretation
113The 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 Wales and the Welsh 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 (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.
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
9
In subsection (5)—
“defence activity” means any activity relating to—
- a
the defence of the realm;
- b
the naval, military or air forces of the Crown, including reserve forces;
- c
visiting forces;
- d
international headquarters and defence organisations;
- e
trading with the enemy and enemy property;
- a
“excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of—
- a
any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or
- b
any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;
- a
“petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).