PART 2RESTRICTIONS ON DREDGING
Restrictions on dredging
4. It shall be an offence for any person to carry out dredging except where the dredging—
(a)falls within one of the cases described in regulation 5 (when these Regulations shall apply in relation to the dredging only to the extent specified in that regulation in relation to the particular case); or
(b)is carried out under and in accordance with a permission granted under Part 4 of these Regulations.
Partial application of the Regulations in particular cases
5.—(1) The cases mentioned in regulation 4(a) are those described in paragraphs (2), (8) and (9) of this regulation.
(2) The first case is where the Secretary of State determines—
(a)that the dredging constitutes or forms part of a project serving national defence purposes; and
(b)that in the opinion of the Secretary of State the application of these Regulations, except to the extent specified in paragraphs (5), (6), (8) or (9) of this regulation, as the case may be, would have an adverse effect on those purposes.
(3) A determination under paragraph (2) of this regulation may be made by the Secretary of State—
(a)on an application for the purpose from a prospective applicant;
(b)of the Secretary of State’s own motion in the course of considering an application which has been made under regulation 6 or regulation 10; or
(c)on receiving a notification from the regulator under regulation 10(7).
(4) Where paragraph (2) applies, the regulator shall determine whether the dredging would constitute a habitats project.
(5) Where paragraph (2) applies and the regulator determines under paragraph (4) that the project would constitute a habitats project, then only the following provisions of these Regulations shall apply—
(a)Parts 1 and 2;
(b)regulation 10;
(d)regulations 16 to 24 and Schedule 3;
(f)regulation 32.
(6) Where paragraph (2) applies and the regulator determines under paragraph (4) that the project would not constitute a habitats project, only the following provisions of these Regulations shall apply—
(a)Parts 1 and 2;
(b)regulation 26; and
(c)regulation 30.
(7) As soon as practicable after making any determination under paragraph (2), the Secretary of State shall send a copy of it—
(a)to the applicant for the determination, or to the applicant in respect of the application under regulation 6 or 10, as the case may be; and
(b)where the dredging is proposed to be carried out in Northern Ireland, to the Department of the Environment.
(8) The second case is where the regulator has determined under regulation 6—
(a)that the dredging does not constitute a relevant project; and
(b)that the dredging does not constitute a habitats project;
and in such a case only the following provisions of these Regulations shall apply—
(i)Parts 1 and 2;
(ii)regulation 26; and
(iii)regulation 30.
(9) Subject to paragraph (10), the third case is where the dredging continues to be carried out in accordance with a written agreement entered into by the owner before commencement, and in such a case only the following provisions of these Regulations shall apply—
(a)Parts 1 and 2;
(b)regulation 24 and Schedule 3;
(c)regulation 26;
(d)regulation 29; and
(e)regulation 30.
(10) Where a written agreement entered into by the owner before commencement is varied on or after commencement, the dredging shall only fall within the third case where the regulator has determined, having regard to such of the selection criteria as are relevant, that dredging under the agreement as so varied does not constitute a relevant project (and Schedule 2 shall have effect to specify the selection criteria for the purposes of these Regulations).