CONTROLLED MARINE AREA (SEISMIC SURVEY WORKS) REGULATIONS 2016

Transcription

1 Controlled Marine Area (Seismi Survey Works) Regulations 2016 Statutory Doument No. 2016/0362 Marine Infrastruture Management At 2016 CONTROLLED MARINE AREA (SEISMIC SURVEY WORKS) REGULATIONS 2016 Laid before Tynwald: 17 January 2017 Coming into Operation: 5 Deember 2016 The Department of Environment, Food and Agriulture makes the following Regulations under setion 55(3) and 60 of the Marine Infrastruture Management At Title These Regulations are the Controlled Marine Area (Seismi Survey Works) Regulations Commenement These Regulations ome into operation on 5 Deember Definition of seismi survey works (1) For the purposes of the onsenting regime referred to in regulation 4 "seismi survey works" means any ativity (a) (b) arried out for the purpose of aquiring geologial data relating to the seabed, and the strata beneath the seabed, of any area within or adjoining the ontrolled marine area, and onsisting of or inluding the operation of one or more airguns. (2) In paragraph (1)(b) "airgun" means any devie designed or adapted to ause a sudden and rapid disharge of air or another gas or mixture of gases at high pressure into water. 4 Appliation of onsenting regime (1) The onsenting regime imposed by setion 33 (byelaws for protetion of marine nature reserves) of the Wildlife At shall apply to seismi SD No.2016/0362 Page 1

2 Regulation 4 Controlled Marine Area (Seismi Survey Works) Regulations 2016 survey works whih will or may affet the ontrolled marine area, subjet to the following modifiations of the said setion 33 (a) (b) () (d) in subsetion (1), for "the protetion of any area designated as a marine nature reserve under setion 32" substitute "regulating seismi survey works whih will or may affet the ontrolled marine area"; in subsetion (2), omit "as respets a marine nature reserve"; omit subsetion (2)(a); for subsetion (2)(b) substitute (e) (f) "(b) may provide for the issue of permits authorising the doing, subjet to suh onditions as may be speified in them, of anything whih would otherwise be unlawful under the byelaws; and"; in subsetion (2)(), for "reserve" substitute "ontrolled marine area"; for subsetion (3) substitute "(3) Nothing in byelaws made under this setion shall prohibit or restrit the exerise of any right of passage by a vessel."; (g) in subsetion (5), for " 2,500" substitute " 50,000"; (h) (i) (j) omit subsetions (6A) and (6B); in subsetion (7), omit "and 'pleasure boat' shall be onstrued aordingly"; for subsetion (8) substitute "(8) In this setion "ontrolled marine area" has the meaning given by setion 7 of the Marine Infrastruture Management At 2016; "seismi survey works" has the meaning given by regulation 3 of the Controlled Marine Area (Seismi Survey Works) Regulations 2016.". (2) The said setion 33 as modified by paragraph (1) is set out in the Shedule. Page 2 SD No.2016/0362

3 Controlled Marine Area (Seismi Survey Works) Regulations 2016 MADE 5 TH DECEMBER 2016 G BOOT Minister for Environment, Food and Agriulture SD No.2016/0362 Page 3

4 Regulation 4 Controlled Marine Area (Seismi Survey Works) Regulations 2016 Page 4 SD No.2016/0362

5 Controlled Marine Area (Seismi Survey Works) Regulations 2016 SCHEDULE SCHEDULE WILDLIFE ACT 1990 SECTION 33 AS MODIFIED 33. (1) The Department may, subjet to setion 37(3), make byelaws for regulating seismi survey works whih will or may affet the ontrolled marine area. (2) Without prejudie to the generality of subsetion (1), byelaws made under this setion (b) may provide for the issue of permits authorising the doing, subjet to suh onditions as may be speified in them, of anything whih would otherwise be unlawful under the byelaws; and () may be so made as to apply either generally or with respet to partiular parts of the ontrolled marine area or partiular times of the year. (3) Nothing in byelaws made under this setion shall prohibit or restrit the exerise of any right of passage by a vessel. (4) Nothing in byelaws so made shall make unlawful (a) anything done for the purpose of seuring the safety of any vessel, or of preventing damage to any vessel or argo, or of saving life; (b) the disharge of any substane from a vessel; or () anything done more than 30 metres below the sea bed. (5) If any person ontravenes any byelaws made under this setion he shall be guilty of an offene and, on summary onvition, shall be liable to a fine not exeeding 50,000. (6) Proeedings for an offene under byelaws made under this setion shall not be taken without the onsent of the Attorney General. (7) In this setion "vessel" inludes a hoverraft and any airraft apable of landing on water. (8) In this setion "ontrolled marine area" has the meaning given by setion 7 of the Marine Infrastruture Management At 2016; "seismi survey works" has the meaning given by regulation 3 of the Controlled Marine Area (Seismi Survey Works) Regulations 2016.". SD No.2016/0362 Page 5

6 Explanatory Note Controlled Marine Area (Seismi Survey Works) Regulations 2016 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations define "seismi survey works", and apply the byelaw-making powers of setion 33 of the Wildlife At 1990, with modifiations, to enable suh works to be regulated within the ontrolled marine area defined by the Marine Infrastruture Management At Page 6 SD No.2016/0362