Part 4Marine licensing
Licensable marine activities
21Licensable marine activities
1
For the purposes of this Part, it is a licensable marine activity to do any of the following—
1
To deposit any substance or object within the Scottish marine area, either in the sea or on or under the seabed, from any of the following—
a
a vehicle, vessel, aircraft or marine structure,
b
a container floating in the sea, or
c
a structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea.
2
To deposit any substance or object anywhere in the sea or on or under the seabed from a vehicle, vessel, aircraft, marine structure or floating container which was loaded with the substance or object either—
a
in Scotland, or
b
in the Scottish marine area.
3
To scuttle any vessel or floating container in the Scottish marine area.
4
To scuttle any vessel or floating container anywhere at sea, if the vessel or container has been towed or propelled for the purpose of that scuttling either—
a
from Scotland, or
b
from the Scottish marine area (except where the towing or propelling began outside that area).
5
To construct, alter or improve any works within the Scottish marine area either—
a
in or over the sea, or
b
on or under the seabed.
6
To use a vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed within the Scottish marine area.
7
To carry out any form of dredging within the Scottish marine area (whether or not involving the removal of any material from the sea or seabed).
8
To deposit or use any explosive substance or article within the Scottish marine area either in the sea or on or under the seabed.
9
To incinerate any substance or object on any vehicle, vessel, marine structure or floating container in the Scottish marine area.
10
To load a vehicle, vessel, marine structure or floating container in Scotland or in the Scottish marine area with any substance or object for incineration anywhere at sea.
2
In subsection (1)—
a
in item 7, “dredging” includes using any device to move any material (whether or not suspended in water) from one part of the sea or seabed to another part,
b
in item 10, “incineration” means the combustion of a substance or object for the purpose of its thermal destruction (and in item 9 “incinerate” is to be read accordingly),
c
nothing therein is to be taken to apply to fishing by any method.
3
The Scottish Ministers may by order––
a
amend subsection (1) so as to add or remove any activity from the list of licensable marine activities,
b
make such amendment consequential on such amendment of subsection (1) as they consider appropriate to any other provision of this Act.
4
In deciding whether to make an order under subsection (3), the Scottish Ministers must have regard to—
a
the need to protect the environment,
b
the need to protect human health,
c
the need to prevent interference with legitimate uses of the sea,
d
such other matters as the Ministers consider relevant.