F1PART IVADAPTATION OF PLANNING AND OTHER CONTROLS
F2Marine licences
Reg. 53B and cross-heading inserted (6.12.2019) by The Conservation (Natural Habitats, &c.) Amendment (No. 2) (Scotland) Regulations 2019 (S.S.I. 2019/320), regs. 1(1), 4
Marine licences: duty to review53B
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;“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;“licence” means a marine licence granted under Part 4 of the 2010 Act.
Regulations revoked (E.W.) (1.4.2010 except so far as relating to the revocation in relation to W. of reg. 36 and specified words in reg. 3(3), 12.12.2014 in so far as not already in force) by The Conservation of Habitats and Species Regulations 2010 (S.I. 2010/490), regs. 1(2)(4)(b), 133(3) (with regs. 125, 134)