- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
13. After article 26 (markers for European marine sites and marine conservation zones) insert—
26A.—(1) Article 4 applies—
(a)to a deposit made for the purpose of placing a marker;
(b)to a removal activity carried on for the purpose of meeting the condition in paragraph (3).
(2) Paragraph (1) is subject to the condition that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.
(3) Sub-paragraph (a) of paragraph (1) is subject to the condition that the marker and its appurtenances must be removed from the sea and, where applicable, the seabed within the period of 28 days beginning with the day on which the deposit is made.
(4) But article 4 does not apply—
(a)to any such activity that causes, or is likely to cause, obstruction or danger to navigation; or
(b)to any such activity—
(i)that falls within sub-paragraph (a), (b) or (c) of paragraph (5); and
(ii)that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
(5) An 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;
(b)it is likely to have a significant effect on a Ramsar site; or
(c)it is capable of affecting (other than insignificantly)—
(i)the protected features of an MCZ; or
(ii)any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
(6) In paragraph (5)(a) and (b), “likely” has the same meaning as in the Habitats Directive.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: