Summary and Background Part 4: Marine Licensing Offences Section 88: Activity licensed by another State
273.There is a further defence to the undertaking of certain activities without a licence. The activities are those mentioned in subsection (2) – namely the depositing or incineration of any substance or object, or the scuttling of a vessel or floating container, from a British vessel, aircraft or structure, in non-UK waters. For the defence to be applicable, the vessel, aircraft or structure must have either been loaded (in the case of making a deposit or incineration), or started its journey (in the case of scuttling) in a State that is party to the international Conventions identified in subsection (5). Under subsection (4) the activity must also have been undertaken in pursuance of, and in accordance with, a licence issued by the appropriate authority in that State.
274.The Secretary of State may amend subsections (5) and (6) to give effect to any international agreement which alters or replaces any Convention or Protocol mentioned in those subsections.