Prohibition of unlicensed deep sea mining.
1
1
A person to whom this section applies (“P”) may not explore for mineral resources of any description in any area of the deep sea bed unless—
a
P holds an exploration licence (see section 2) which is in force or is the agent or employee of the holder of such a licence (acting in that capacity), and
b
the licence relates to mineral resources of that description and to that area of the deep sea bed.
2
A person to whom this section applies (“P”) may not exploit mineral resources of any description in any area of the deep sea bed unless—
a
P holds an exploitation licence (see section 2) which is in force or is the agent or employee of the holder of such a licence (acting in that capacity), and
b
the licence relates to mineral resources of that description and to that area of the deep sea bed.
2A
Subsections (1) and (2) are subject to section 3A.
3
Any person who contravenes subsection (1) or (2) above shall be guilty of an offence and liable—
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
4
This section applies to any person who—
a
is a United Kingdom national, a Scottish firm or a body incorporated under the law of any part of the United Kingdom; and
b
is resident in any part of the United Kingdom.
5
Her Majesty may by Order in Council extend the application of this section—
a
to all United Kingdom nationals, Scottish firms and bodies incorporated under the law of any part of the United Kingdom who are resident outside the United Kingdom or to such nationals, firms and bodies who are resident in any country specified in the Order;
b
to bodies incorporated under the law of any of the Channel Islands, the Isle of Man, any colony . . ..
6
In this Act—
- “
deep sea bed
” means the area of the sea bed situated beyond the limits of national jurisdiction of the United Kingdom or any other State;
- “
mineral resource
” means a solid, liquid or gaseous mineral resource;
- “
United Kingdom national
” means—
a
a British citizen, a British Dependent Territories citizen
, a British National (Overseas)
or a British Overseas citizen;
b
a person who under the British Nationality Act 1981 is a British subject; or
c
a British protected person (within the meaning of that Act).
7
In any proceedings, a certificate issued by the Secretary of State or the Scottish Ministers certifying that an area of the sea bed is beyond the limits of national jurisdiction of the United Kingdom or any other State shall be conclusive as to that fact; and any document purporting to be such a certificate shall be received in evidence and shall, unless the contrary is proved, be deemed to be such a certificate.
S. 1 extended (19.1.1998) by S.I. 1997/2978, art. 3
S. 1 extended (with modifications)(Guernsey)(19.1.1998) by S.I. 1997/2978, art. 4, Sch.
S. 1 extended (19.1.1998) by S.I. 1997/2979, art. 3
S. 1 extended (with modifications)(Jersey) (19.1.1998) by S.I. 1997/2979, art. 4, Sch.
S. 1 extended (1.5.2000) by S.I. 2000/1112, art. 2
S. 1 extended (with modifications) (Isle of Man) (1.5.2000) by S.I. 2000/1112, art. 3, Sch. 1
Words substituted by British Nationality Act 1981 (c. 61, SIF 87), Sch. 7
Words in s. 1(5)(b) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. II Group 1
Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(7), Sch. 7
Words inserted by S.I. 1986/948, art. 8, Sch.
S. 1(1)-(2A) substituted for s. 1(1)(2) (14.7.2014) by Deep Sea Mining Act 2014 (c. 15), s. 2(3), Sch. para. 2(2)
Words in s. 1(6) substituted (14.7.2014) by Deep Sea Mining Act 2014 (c. 15), s. 2(3), Sch. para. 2(3)
Words in s. 1(7) substituted (14.7.2014) by Deep Sea Mining Act 2014 (c. 15), s. 2(3), Sch. para. 2(4)