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The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011
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The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011, Section 12 is up to date with all changes known to be in force on or before 10 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 12:
- art. 36 37 inserted by S.S.I. 2026/172 art. 4(10)
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 36 37 inserted by S.S.I. 2026/172 art. 4(10)
[F1Propagation and cultivation of fish – depositsS
This section has no associated Executive Note
12.—(1) Subject to paragraphs (2) and (3), this article applies to the deposit of any—
(a)equipment, or
(b)substance liable to cause harm to the Scottish marine area,
carried on in the course of the propagation or cultivation of fish.
(2) In the case of a deposit of equipment under paragraph (1)(a), this article is subject to the condition that the deposit of that equipment is authorised by and carried out in accordance with a planning permission.
(3) This article does not apply to—
(a)a deposit falling within paragraph (1)(a) where any of the circumstances in paragraph (4) apply,
(b)a deposit falling within paragraph (1)(b) where any of the circumstances in paragraph (4)(b) or (c) apply.
(4) The circumstances are as follows—
(a)the deposit is made for the purposes of a disposal,
(b)the deposit is made for the purposes of creating, altering or maintaining an artificial reef,
(c)the deposit causes or is likely to cause obstruction or danger to navigation.
(5) In this article—
“harm to the Scottish marine area” means—
(a)
harm to the health of human beings or other living organisms,
(b)
harm to the quality of the Scottish marine area, including—
(i)
harm to the quality of the Scottish marine area taken as a whole,
(ii)
other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems,
(c)
offence to the senses of human beings,
(d)
damage to property, or
(e)
impairment of, or interference with, amenities or other legitimate uses of the Scottish marine area,
“planning permission” means planning permission under Part 3 of the Town and Country Planning (Scotland) Act 1997,
“substance” means—
(a)
any chemical used for medicinal purpose or otherwise, with the exception of any reagent or chemical or particle tracer used in connection with any scientific experiment or survey,
(b)
any organic or biological matter.]
Textual Amendments
F1Art. 12 substituted (26.3.2026) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026 (S.S.I. 2026/165), arts. 1, 2
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