PART 2Amendments

Amendment of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 20113

Article 12 (propagation and cultivation of fish – deposits) of the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 20115 is amended as follows—

a

for paragraph (1) substitute—

1

This article applies to the deposit of any—

a

trestle;

b

raft;

c

cage;

d

pole;

e

rope;

f

line; or

g

within controlled waters, substance which is liable to cause pollution of the water environment,

carried on in the course of the propagation or cultivation of fish.

b

in paragraph (2) for “This” substitute “Subject to paragraph (3), this”,

c

after paragraph (2), insert—

3

Paragraph (2)(a) does not apply to a deposit of the type described in paragraph (1)(g).

4

In this article—

  • “controlled waters” means that part of the Scottish marine area which is within the area extending landward from the three mile limit;

  • “pollution” means the direct or indirect introduction, as a result of human activity, of a substance or heat into the water environment, or any part of it, which may give rise to any harm; and “harm” means—

    1. a

      harm to the health of human beings or other living organisms;

    2. b

      harm to the quality of the water environment, including—

      1. i

        harm to the quality of the water environment taken as a whole;

      2. ii

        other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems;

    3. c

      offence to the senses of human beings;

    4. d

      damage to property; or

    5. e

      impairment of, or interference with, amenities or other legitimate uses of the water environment;

  • “substance” means—

    1. a

      any chemical used for medicinal purposes or otherwise, with the exception of any reagent or chemical or particle tracer used in connection with any scientific experiment or survey,

    2. b

      any organic or biological matter;

  • “three mile limit” means the limit consisting of a line every point of which is at a distance of 3 miles on the seaward side from the nearest point of the baseline from which the breadth of the territorial sea of the United Kingdom adjacent to Scotland is measured; and “miles” means international nautical miles of 1,852 metres; and

  • “the water environment” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 20036.