The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2019

Marine licences

4.  After regulation 53A (control of operations requiring consent), insert—

“Marine licences

Marine licences: duty to review

53B.— (1) Subject to paragraph (3), regulations 50 (review of existing decisions and consents, &c.) and 51 (consideration on review) do not apply where—

(a) a licence was granted by the Scottish Ministers; and

(b) the conditions in paragraph (2) are met in accordance with that licence.

(2) The conditions mentioned in paragraph (1) are—

(a) if the activity to which the licence relates includes an activity mentioned in items 1 or 2 of section 21(1) of the 2010 Act, that the substance or object has been fully deposited;

(b) if the activity to which the licence relates includes an activity mentioned in items 3 to 7, 9 or 10 of section 21(1) of the 2010 Act, that the activity to which the licence relates has been completed;

(c) if the activity to which the licence relates includes an activity mentioned in item 8 of section 21(1) of the 2010 Act, that the explosive substance or article has been fully used, or fully deposited and used.

(3) If a licence was granted by the Scottish Ministers and the activity to which that licence relates includes the construction, alteration or improvement of a generating station, regulations 50 and 51 do not apply to that licence after the date on which that generating station is first operated.

(4) In this regulation—

“the 2010 Act” means the Marine (Scotland) Act 2010(1);

“activity” means a licensable marine activity and is to be construed in accordance with section 21 of the 2010 Act;

“generating station” has the meaning given by section 64(1) of the Electricity Act 1989(2);

“licence” means a marine licence granted under Part 4 of the 2010 Act.”.

(1)

2010 asp 5.

(2)

1989 c.29.