In determining whether to grant an exploration or exploitation licence the Secretary of State F1 or, as the case may be, the Scottish Ministers shall have regard to the need to protect (so far as reasonably practicable) marine creatures, plants and other organisms and their habitat from any harmful effects which might result from any activities to be authorised by the licence; and the Secretary of State F2or the Scottish Ministers shall consider any representations made to him F3(or them) concerning such effects.

Without prejudice to F4section 2(3A) above, any exploration or exploitation licence granted by the Secretary of State F5or the Scottish Ministers shall contain such terms and conditions as he considers F6(or they consider) necessary or expedient to avoid or minimise any such harmful effects.