Article 4 applies to a deposit or works activity carried on wholly under the sea bed in connection with the construction or operation of a bored tunnel.

Paragraph (1) is subject to conditions 1 and 2.

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

Condition 2 is that the activity must not adversely affect the environment of Wales F1, the Welsh inshore region and the Welsh offshore region or the living resources that it supports.

But article 4 does not apply to any such deposit carried on for the purpose of disposal.