The Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011

Scientific instruments etc. – deposits S

15.—(1) This article applies—

(a) to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;

(b) to the deposit of any reagent or any chemical or particle tracer.

(2) In the case of the deposit of any reagent or chemical or particle tracer, this article is subject to the condition that the use of the reagent or the chemical or particle tracer must be for the time being approved for the purposes of this Order by the Scottish Ministers.

(3) This article does not apply to—

(a) a deposit made for the purpose of disposal;

(b) a deposit that causes or is likely to cause obstruction or danger to navigation;

(c) a deposit—

(i) that falls within sub-paragraph  [F1 (a) or (b)] of paragraph (4); and

(ii) that is not directly connected with or necessary to the management of the site or area referred to in that sub-paragraph.

(4) A deposit falls within this paragraph if—

(a) it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or

(b) it is capable of affecting (other than insignificantly)—

(i) the protected features of an MPA;

(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

(5) In paragraph (4)(a), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

Textual Amendments

F1 Words in art. 15(3)(c)(i) substituted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 12