The Offshore Marine Conservation (Natural Habitats, &c.) (Amendment) Regulations 2010

Amendments to regulation 49

24.  In regulation 49 (power to grant licences)—

(a) in paragraphs (1) to (14), for “the Secretary of State”, substitute “the relevant administration”;

(b) in paragraphs (2), (4), (7), (9), and (12) omit the words “he is”;

(c) in paragraph (13), for “unless he has been advised by the Joint Nature Conservation Committee as to the circumstances in which, in its opinion” substitute “unless it has been advised by the Joint Nature Conservation Committee as to the circumstances in which, in the Committee’s opinion”;

(d) in paragraph (14), for “he”, substitute “it”; and

(e) after paragraph (14), add—

“(15) In this regulation—

“the relevant administration” means—

(a)

in relation to the licensing of anything done—

(i)

in any part of the waters comprised in the offshore marine area outside the Scottish offshore region, or

(ii)

in the course of carrying on any activity specified in paragraph (16) in any part of the offshore marine area,

the Secretary of State; and

(b)

in relation to the licensing of anything done in the course of carrying out any activity in the Scottish offshore region, other than one specified in paragraph (16), the Scottish Ministers.

(16) The activities referred to in paragraph (15)(a)(ii) are—

(a) carrying on any activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934(1) (licences to search for and get petroleum) is required;

(b) constructing or maintaining a pipeline in respect of any part of which an authorisation (within the meaning of Part 3 of the Petroleum Act 1998(2)) is in force;

(c) establishing or maintaining an offshore installation (within the meaning of Part 4 of the Petroleum Act 1998);

(d) taking any installation abandonment measures;

(e) carrying on any activity for which a licence under section 4 or 18 of the Energy Act 2008(3) is required (gas unloading, storage and recovery, and carbon dioxide storage);

(f) any activity other than those specified in paragraphs (a) to (e), relating to a matter which is a reserved matter by virtue of section D2 (oil and gas) in Part 2 of Schedule 5 to the Scotland Act 1998(4);

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

(h) any activity relating to a matter which is a reserved matter by virtue of section E3 (marine transport) in Part 2 of that Schedule.

(17) For the purposes of paragraph (15)(a)(i), a thing is to be treated as done in a part of the waters referred to in paragraph (i) if it is done on any ship in any such part, any British aircraft over any such part, or any aircraft over an offshore marine installation in any such part, or on or under any such offshore marine installation.”.

(1)

1934 c. 36.

(2)

1998 c. 17.

(3)

2008 c. 32.

(4)

1998 c.46.