42.—(1) Article 4 applies to a deposit for the purpose of placing a marker and any associated equipment to mark out areas for recreational activities such as sailing, swimming or diving.
(2) Paragraph (1) is subject to conditions 1 and 2.
(3) Condition 1 is that notice of the intention to carry out any deposit or subsequent removal activity referred to in paragraph (1) is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before the deposit is carried out, if the marker will remain in place for longer than 24 hours.
(4) Condition 2 is that the marker and any associated equipment must be removed from the sea and, where applicable, the seabed within 28 days beginning with the day on which the deposit is made.
(5) But article 4 does not apply to any deposit or removal activity that—
(a)causes, or is likely to cause an obstruction or danger to navigation, or
(b)is likely to have a significant effect on a marine protected area.]
Textual Amendments