« Previous | Contents | Next »
Listen
The Proposal
9. The Scottish Government's intention is to introduce Amendment Regulations which will remove paragraph (b) from the definition of "dredging" at Regulation 2(1) of the MDRs ( i.e. "dredging in any waters within the jurisdiction of a harbours authority, as defined by Section 57 of the Harbours Act 1964").
10. This would mean that all dredging involving the removal of minerals from the seabed in harbour areas would be subject to the MDRs unless it is specifically authorised to be carried out by any enactment (including any enactment contained in a local Act or subordinate legislation).
11. Minerals dredging in harbour areas would also continue to be exempt from the MDRs where any of the following Regulations apply:
- the (Environmental Impact Assessment) (Scotland) Regulations 1999;
- the Public Gas Transporter Pipe line Works (Environmental Impact Assessment) Regulations 1999;
- the Offshore Petroleum Production and Pipe lines (Assessment of Environmental Impacts) Regulations 1999;
- the Pipe line Works (Environmental Impact Assessment) Regulations 2000( 7).
12. The proposed amendment is intended to ensure that minerals extraction undertaken by the extractive industry in harbour areas is subject to MDRs procedures. Where dredging activity is not controlled through the exemptions identified above, and it involves removal of minerals from the seabed, it will be subject to the MDRs. In some instances, different regulations will continue to control different activities so consent under separate regimes may still be necessary. For example, consent to extract minerals under the MDRs would not obviate the need to obtain a licence under Part II of the Food and Environment Protection Act 1985 (Deposits at sea) if the proposal involved disposal of material at sea or an approval under Section 34 of the Coast Protection Act if navigation is affected.
Q1 Is the Scottish Government's proposal to amend the MDRs in this way an appropriate way of closing the regulatory gap?
Q2 Are there other issues that need to be considered?
« Previous | Contents | Next »