C1Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

Special provision for certain cases

I137Submarine cables

1

This section applies where a stretch of exempt submarine cable—

a

is proposed to be laid,

b

is in the course of being laid,

c

has been laid,

beyond the seaward limits of the territorial sea.

2

The Scottish Ministers must grant any application made to them for a marine licence for the carrying on of a licensable marine activity in the course of laying any stretch of the cable in the Scottish marine area.

3

The Scottish Ministers have the same powers to attach conditions to a marine licence granted by virtue of subsection (2) as they have in relation to any other marine licence (see section 29(1) to (3)).

4

Nothing in this Part applies to anything done in the course of maintaining any stretch of the cable in the Scottish marine area.

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,

  • “UK sector of the continental shelf” means the areas for the time being designated by an Order in Council under section 1(7) of the Continental Shelf Act 1964 (c.29).