This section has effect for determining who is the appropriate licensing authority for any area (and any licensable marine activity carried on in that area).

The activities are any activities which relate to a matter which is an excepted matter by virtue of paragraph 4 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (defence of the realm etc).

In relation to any area not mentioned in subsection (2), (4) or (6), the appropriate licensing authority is the Secretary of State.

In subsection (5)—

• “defence activity” means any activity relating to—

  1. a

     the defence of the realm;

  2. b

     the naval, military or air forces of the Crown, including reserve forces;

  3. c

     visiting forces;

  4. d

     international headquarters and defence organisations;

  5. e

     trading with the enemy and enemy property;

• “excepted activity” means the exercise of civil defence functions by any person otherwise than as a member of—

  1. a

     any force or organisation referred to in paragraphs (b) to (d) of the definition of “defence activity”, or

  2. b

     any other force or organisation established or maintained for the purposes of, or for purposes connected with, the defence of the realm;

• “petroleum” has the same meaning as in Part 3 of the Petroleum Act 1998 (c. 17) (see section 28(1) of that Act).

This section has effect for determining who is an enforcement authority for any area.

For the purposes of sections 90 to 97 and 102 to 105 (and any other provisions of this Part so far as relating to those sections) the appropriate licensing authority for any area is an enforcement authority for that area.

A person is an enforcement authority by virtue of subsection (3) (so far as relating to the sections specified in that subsection) only to the extent that the person may exercise powers for the purposes of enforcing this Part.

In this Part—

• “appropriate enforcement authority”, in the case of any area and any provision of this Part, means any authority which is an enforcement authority for that area for the purposes of that provision;

• “the appropriate licensing authority” has the meaning given by section 113;

• “British aircraft” means an aircraft registered in the United Kingdom;

• “British marine structure” means a marine structure owned by or leased to an individual residing in, or a body corporate incorporated under the law of, any part of the United Kingdom;

• “British vessel” means a vessel—

  1. a

     which is registered in the United Kingdom,

  2. b

     which falls within section 1(1)(d) of the Merchant Shipping Act 1995 (c. 21) (small ships), or

  3. c

     which is exempt from registration under section 294 of that Act;

• “compliance notice” means a notice issued under section 90;

• “emergency safety notice” means a notice issued under section 104;

• “enforcement authority” has the meaning given by section 114;

• “fixed monetary penalty” has the meaning given by section 93(3);

• “licensable marine activity” is to be read in accordance with section 66;

• “licensing authority” means—

  1. a

     the Secretary of State;

  2. b

     the Welsh Ministers;

  3. c

     the Scottish Ministers;

  4. d

     the Department of the Environment in Northern Ireland;

• “marine licence” means a licence granted under this Part;

• “marine structure” means a platform or other artificial structure at sea, other than a pipeline;

• “remediation notice” means a notice issued under section 91;

• “stop notice” means a notice issued under section 102;

• “the UK marine licensing area” has the meaning given by section 66(4);

• “variable monetary penalty” has the meaning given by section 95(3);

• “vessel” includes—

  1. a

     hovercraft, and

  2. b

     any other craft capable of travelling on, in or under water, whether or not self-propelled.

In this Part any reference to the environment includes a reference to any site (including any site comprising, or comprising the remains of, any vessel, aircraft or marine structure) which is of historic or archaeological interest.