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—
- a
harm to the health of human beings or other living organisms;
- b
harm to the quality of the water environment, including—
- i
harm to the quality of the water environment taken as a whole;
- ii
other impairment of, or interference with, the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems;
- c
offence to the senses of human beings;
- d
damage to property; or
- e
impairment of, or interference with, amenities or other legitimate uses of the water environment;
“substance” means—
- 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,
- 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.