45.—(1) Article 4 applies to a deposit or removal activity carried on in a dry dock area, within a harbour which is regulated under the Harbours Act 1964(1), where the deposit or removal activity is carried on by, or on behalf of, a harbour authority.
(2) Paragraph (1) is subject to conditions 1 and 2.
(3) Condition 1 is that notification of the intention to carry on any deposit or removal activity is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before any deposit or removal activity is carried on.
(4) Condition 2 is that all debris is removed from the dry dock prior to any entry or exit of any vessel.
(5) But article 4 does not apply to a deposit or removal activity that—
(a)causes or is likely to cause obstruction or danger to navigation,
(b)is likely to have a significant effect on a marine protected area, or
(c)is likely to cause damage to features of archaeological or historical interest.]
Textual Amendments
See regulation 8(4) for a definition of “European marine site”.