PART 3SExempt activities and conditions

[F1Sediment samplingS

18B.—(1) This article applies to a removal activity which is carried on for the purpose of sediment sampling.

(2) This article is subject to the condition that notice of the intention to carry on the activity must be given, in writing, to the Scottish Ministers before the activity is commenced.

(3) The condition in paragraph (2) is deemed to be satisfied where the removal activity is carried on as a condition of an authorisation of a [F2water activity] granted by the Scottish Environment Protection Agency under [F3the Environmental Authorisations (Scotland) Regulations 2018].

(4) This article does not apply to an activity where—

(a)the volume of sediment removed is more than 1 cubic metre;

(b)it causes, or is likely to cause, obstruction or danger to navigation;

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

(d)it is likely to have a significant effect on a Ramsar site; or

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

(i)the protected features of an MPA; or

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

[F4(5) “Water activity” in this article has the meaning given to it in regulation 4 of the Environmental Authorisations (Scotland) Regulations 2018.]]

Textual Amendments