PART 3Activities to which article 4 (exemption from need for marine licence) applies, and conditions
F1Samples for testing or analysis38.
(1)
Article 4 applies to a removal activity carried out for the purpose of taking a sample of any material for testing or analysis.
(2)
Paragraph (1) is subject to the condition that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.
(3)
But article 4 does not apply to any deposit or removal activity—
(a)
where the volume of material removed exceeds 1 cubic metre,
(b)
that causes or is likely to cause obstruction or danger to navigation,
(c)
that is likely to have a significant effect on a marine protected area,
(d)
that falls within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973,
(e)
that is likely to cause damage to scheduled monuments within the meaning of section 3(7) of the Historic Environment (Wales) Act 2023, or
(f)
which may cause an adverse effect to an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986.