The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011

Interpretation S

2.—(1) In this Order, a reference to—

(a) a particular numbered item (without further specification) is a reference to that numbered item in section 21(1) of the 2010 Act; and

(b) a particular numbered item “of the 2009 Act” is a reference to that numbered item in section 66(1) of the 2009 Act.

(2) In this Order, except where the context otherwise requires—

“the 2009 Act” means the Marine and Coastal Access Act 2009 M1 ;

“the 2010 Act” means the Marine (Scotland) Act 2010;

“activity” means licensable marine activity;

“disposal” has the meaning given by Article 3 of the Waste Framework Directive;

“a European site” means—

(a)

a European site within the meaning of regulation 10(1) of the Conservation (Natural Habitats &c.) Regulations 1994 M2 ;

(b)

[F1 a European offshore marine site within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017];

“exempt activity” has the meaning given by article 3;

“fish” includes shellfish and any part of a fish;

“fishing operation” includes fishing for or taking shellfish but does not include an activity relating to the propagation or cultivation of shellfish;

“harbour authority” has the meaning given by section 57(1) of the Harbours Act 1964 M3 ;

“lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 1995 M4 ;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M5 ;

“an MPA” means a Nature Conservation MPA [F2 or a Historic MPA] designated under section 67 of the 2010 Act or a marine protected area designated under section 116 of the [F3 2009 Act]M6 ;

“plan or project” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M7 ;

“Ramsar site” has the same meaning as in section 37A of the Wildlife and Countryside Act 1981 M8 ;

“shellfish” includes crustaceans and molluscs of any kind and any part of a shellfish;

[F4 “waste” has the same meaning as in section 75(2) of the Environmental Protection Act 1990 as read with section 75A of that Act;]

[F5 “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives, as last amended by Commission Directive (EU) 2015/1127 amending Annex II to Directive 2008/98/EC.]

(3) In the following provisions, “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora—

(a) sub-paragraphs (a) and (b) of article 17(4);

(b) sub-paragraphs (a) and (b) of article 18(3); F6 ...

[F7 (ba) sub-paragraphs (b) and (c) of article 18A(6);

(bb) sub-paragraphs (c) and (d) of article 18B(5); and]

(c) sub-paragraphs (a) and (b) of article 22(3).

[F8 (4) A reference in this Order to anything done in writing includes a reference to an electronic communication, as defined in section 15 of the Electronic Communications Act 2000 (general interpretation) which has been recorded in written form and is capable of being reproduced in that form.]

Textual Amendments

F1 Words in art. 2 substituted (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), reg. 1, Sch. 4 para. 9(2) (with regs. 3, 4(2))

F2 Words in art. 2(2) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 3(a)(i)

F3 Words in art. 2(2) substituted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 3(a)(ii)

F4 Words in art. 2(2) substituted (31.12.2020) by The Marine Environment (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/55), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in art. 2(2) substituted (1.7.2016) by The Waste (Meaning of Recovery) (Miscellaneous Amendments) (Scotland) Order 2015 (S.S.I. 2015/438), arts. 1, 6

F6 Word in art. 2(3)(b) omitted (3.2.2012) by virtue of The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 3(b)(i)

F7 Art. 2(3)(ba)(bb) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 3(b)(ii)

F8 Art. 2(4) inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 3(c)

Marginal Citations

M1 2009 c.23.

M2 S.I. 1994/2716.

M3 1964 c.40, to which there are amendments not relevant to this Order.

M4 1995 c.21. See section 193 of that Act, to which certain relevant amendments have been made by paragraph 6 of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997 (c.28).

M5 1994 c.39.

M6 Section 116(7) provides that a marine conservation zone designated by the Scottish Ministers under that section is to be known as a marine protected area.

M7 O.J. No. L 206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (O.J. No. L 363, 20.12.2006, p.368).

M8 1981 c.69. Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c.37).