C1C2C3C4C5C6C7C8Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)

Chapter 2Exemptions and special cases

Special provisions in certain cases

I181Submarine cables on the continental shelf

1

Nothing in this Part applies to anything done in the course of laying or maintaining an offshore stretch of exempt submarine cable.

2

Where subsection (1) has effect in relation to part (but not the whole) of an exempt submarine cable—

a

the appropriate licensing authority must grant any application made to it for a marine licence for the carrying on of a licensable marine activity in the course of laying any inshore stretch of the cable, and

b

nothing in this Part applies to anything done in the course of maintaining any inshore stretch of the cable.

3

A licensing authority has the same powers to attach conditions to a marine licence required to be granted by virtue of subsection (2) as it has in relation to a marine licence not required to be so granted.

4

In the application of this section in relation to any cable—

  • “inshore stretch” means any of the cable which is laid, or proposed to be laid, within the seaward limits of the territorial sea;

  • “offshore stretch” means any of the cable which is laid, or proposed to be laid, beyond the seaward limits of the territorial sea.

5

For the purposes of this section a submarine cable is “exempt” unless it is a cable constructed or used in connection with any of the following—

a

the exploration of the UK sector of the continental shelf;

b

the exploitation of the natural resources of that sector;

c

the operations of artificial islands, installations and structures under the jurisdiction of the United Kingdom;

d

the prevention, reduction or control of pollution from pipelines.

6

In this section—

  • “natural resources” means—

    1. a

      the mineral and other non-living resources of the sea bed and subsoil,together with

    2. b

      living organisms belonging to sedentary species;

  • “living organisms belonging to sedentary species” means organisms which, at the harvestable stage, are either—

    1. a

      immobile on or under the sea bed, or

    2. b

      unable to move except in constant physical contact with the sea bed or the subsoil.