PART 3Activities to which article 4 applies and conditions

Scientific instruments etc17.

(1)

Article 4 applies—

(a)

to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;

(b)

to the deposit of any reagent;

(c)

to the deposit of any tracer;

(d)

to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a).

F1(2)

Paragraph (1) is subject to condition 1, and (as that paragraph relates to the deposit of a reagent or tracer) conditions 2 and 3.

(2A)

Condition 1 is that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.

(3)

Condition F22 is that the reagent or tracer must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.

(4)

Condition F33 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.

(5)

But article 4 does not apply—

(a)

to any such deposit made for the purpose of disposal;

(b)

to any such deposit that causes or is likely to cause obstruction or danger to navigation F4, in particular where any such deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum; F5or

(c)

to any such deposit or removal activity—

(i)

that falls within sub-paragraph (a), (b) or (c) of paragraph (6); 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.

(6)

A deposit or removal 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;

(ii)

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

(7)

In paragraph (6)(a) and (b), “likely” has the same meaning as in F6the Habitats Directive .