The Deep Sea Mining (Temporary Provisions) Act 1981 (Isle of Man) Order 2000

Statutory Instruments

2000 No. 1112

DEEP SEA MINING

The Deep Sea Mining (Temporary Provisions) Act 1981 (Isle of Man) Order 2000

Made

19th April 2000

Coming into force

1st May 2000

At the Court at Windsor Castle, the 19th day of April 2000

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 1(5) and 18(6) of the Deep Sea Mining (Temporary Provisions) Act 1981(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1.  This Order may be cited as the Deep Sea Mining (Temporary Provisions) Act 1981 (Isle of Man) Order 2000 and shall come into force on 1st May 2000.

2.  The application of section 1 of the Deep Sea Mining (Temporary Provisions) Act 1981 shall extend to bodies incorporated under the law of the Isle of Man.

3.  It is hereby directed that sections 1 and 14, 16, 17 and 18(1) of the Deep Sea Mining (Temporary Provisions) Act 1981 shall extend to the Isle of Man with the modifications set out in the Schedule to this Order.

A. K. Galloway

Clerk of the Privy Council

Article 3

SCHEDULE Modifications to sections 1 and 14, 16, 17 and 18 of the Deep Sea Mining (Temporary Provisions) Act 1981 in their extension of the Isle of Man

1.—(1) Section 1 (prohibition of unlicensed deep sea mining)(2) is modified as follows.

(2) In subsections (1) and (2) omit “granted under section 2 below”.

(3) In subsection (3) for “indictment” substitute “information”.

(4) For subsection (4) substitute—

“(4) This section applies to any person who—

(a) is a United Kingdom national or a body incorporated or formed under the law of the Isle of Man, and

(b) is resident in the Isle of Man.”.

(5) Omit subsection (5).

2.—(1) Section 14 (supplementary provisions relating to offences)(3) is modified as follows.

(2) In subsection (1)—

(a) omit “or under regulations made under this Act”, and

(b) for “any place in the United Kingdom” substitute “the Isle of Man ”.

(3) For subsection (2) substitute—

“(2) Proceedings for such an offence shall not be instituted in the Isle of Man except by or with the consent of the Attorney General for the Isle of Man.”.

(4) Omit subsection (3).

(5) After subsection (4) insert—

“(4A) In subsection (4), “director”, in relation to a limited liability company constituted under the Limited Liabilities Companies Act 1996 (an Act of Tynwald), includes the company’s manager, registered agent and any member who manages the affairs of the company.”.

(6) In subsection (5) omit “or of regulations made under this Act”.

3.  In section 16 (dumping at sea)(4) for “Part II of the Food and Environment Protection Act 1985” substitute “Part II of the Water Protection Act 1993 (an Act of Tynwald)”.

4.—(1) Section 17 (interpretation) is modified as follows.

(2) Omit the definitions of “ancillary operations”, “inspector”, “ licensed area”, “licensed operations”, “licensee”, “prescribed ”, “reciprocal authorisation”, “reciprocating country” and “ ship”.

(3) For the definition of “exploitation licence” substitute—

““exploitation licence” means a licence granted under section 2 of this Act as it has effect in the United Kingdom authorising the licensee to exploit the hard mineral resources of such part of the deep sea bed as may be specified in the licence;”.

(4) For the definition of “exploration licence” substitute—

““exploration licence” means a licence granted under section 2 of this Act as it has effect in the United Kingdom authorising the licensee to explore for the hard mineral resources of such part of the deep sea bed as may be specified in the licence;”.

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order applies section 1 of the Deep Sea Mining (Temporary Provisions) Act 1981 to bodies incorporated under the law of the Isle of Man. Article 3 extends to the Isle of Man sections 1, 14, 16, 17 and 18(1) of the Deep Sea Mining (Temporary Provisions) Act 1981 with the modifications specified in the Schedule to this Order.

(1)

1981 c. 53.

(2)

Section 1(6) was amended by Schedule 7 to the British Nationality Act 1981 (c. 61) and the Schedule to S.I. 1986/948.

(3)

Section 14(6) was repealed by Schedule 1, Part XIV of the Statute Law (Repeals) Act 1993 (c. 50).

(4)

Section 16 was amended by section 15 of the Food and Environmental Act 1985 (c. 48).