PART 3Exempt activities and conditions
F1Propagation and cultivation of fish – deposits12.
(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.