PART 1Introductory provisions

Interpretation2.

(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 20092;

“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 19943;

(b)

a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c) Regulations 20074;

“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 19645;
“lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 19956;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19947;
“an MPA” means a Nature Conservation MPA designated under section 67 of the 2010 Act or a marine protected area designated under section 116 of the 2209 Act8;
“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 flora9;
“Ramsar site” has the same meaning as in section 37A of the Wildlife and Countryside Act 198110;

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

“waste” means anything that—

(a)

is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Article 5(1) of that Directive; and

(b)

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste11.

(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); and

(c)

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