PART 3Activities to which article 4 (exemption from need for marine licence) applies, and conditions

Scientific instruments etc16.

(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).

(2)

Sub-paragraphs (b) and (c) of paragraph (1) are subject to conditions 1 and 2.

(3)

Condition 1 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 2 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 to —

(a)

any such deposit made for the purpose of disposal;

(b)

any such deposit that causes or is likely to cause obstruction or danger to navigation;

(c)

any such deposit or removal activity–

(i)

that falls within sub-paragraph (a) or (b) of paragraph 6; and

(ii)

that is not directly connected with or necessary to the management of the site 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; or

(b)

it is likely to have an effect on a Ramsar site.

(7)

In sub-paragraphs (a) and (b) of paragraph (6), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora16.