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There are currently no known outstanding effects for the The Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011, Section 17.
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17.—(1) Article 4 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;
(c)to the deposit of any tracer; or
(d)to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a).
[F1(2) Paragraph (1) is subject to condition 1, and (as that paragraph relates to the deposit of a reagent or tracer) conditions 2 and 3.
(2A) Condition 1 is that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.]
(3) Condition [F22] is that the reagent or tracer must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.
(4) Condition [F33] is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.
(5) But Article 4 does not apply—
(a)to any such deposit made for the purpose of disposal;
(b)to any such deposit that causes or is likely to cause obstruction or danger to navigation [F4, in particular where any such deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum]; or
(c)to any such deposit or removal activity—
(i)that falls within sub-paragraph [F5(a), (b) or (c)] of paragraph (6); and
(ii)that is not directly connected with or necessary to the management of the site referred to in that sub-paragraph.
(6) A deposit or removal activity 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; F6...
(b)it is likely to have a significant effect on a Ramsar site [F7; or
(c)it is capable of affecting (other than insignificantly)–
(i)the protected features of an MCZ;
(ii)any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent].
Textual Amendments
F1Art. 17(2)(2A) substituted (1.4.2022) for art. 17(2) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(a)
F2Word in art. 17(3) substituted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(b)
F3Word in art. 17(4) substituted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(c)
F4Words in art. 17(5)(b) inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(d)(i)
F5Words in art. 17(5)(c)(i) substituted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(d)(ii)
F6Word in art. 17(6)(a) omitted (1.4.2022) by virtue of The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(e)(i)
F7Art. 17(6)(c) and word inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 7(e)(ii)
Commencement Information
I1Art. 17 in operation at 6.4.2011, see art. 1
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