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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)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)