PART 3Exempt activities and conditions

Harbour dredging26.

(1)

This article applies to any dredging activity carried on in connection with a harbour.

(2)

This article is subject to conditions 1 to 3.

(3)

Condition 1 is that the activity—

(a)

involves the dredged material being contained within a secure structure and transported for deposit other than at the place of dredging; or

(b)

involves the use of plough dredging as part of a dredging operation in respect of which any other dredging falls within sub-paragraph (a).

(4)

Condition 2 is that the activity is authorised by or under, and carried out in accordance with—

(a)

any local Act; or

(b)

any order under section 14 or 16 of the Harbours Act 1964.

(5)

Condition 3 is that the activity is approved by the Scottish Ministers before it is carried on.