PART 3

Exempt activities and conditions

Sediment sampling
16B
1
This article applies to a removal activity 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
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 project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or
d
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.
4
In paragraph (3)(c), “likely” has the same meaning as in Council Directive
92/43/
EEC
on the conservation of natural habitats and of wild fauna and flora.
Arts. 16A, 16B inserted (3.2.2012) by The Marine Licensing (Exempted Activities) (Scottish Inshore and Offshore Regions) Amendment Order 2012 (S.S.I. 2012/25), arts. 1, 13