The Marine Licensing (Exempted Activities) (Wales) Order 2011

Scientific instruments etc

16.—(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 flora(1).

(1)

OJ Number L 206, 22.7.1992, p.7, last amended by Council Directive 2006/105/EC (OJ number L 363, 20.12.2006, p.368).