Part 2Amendments of existing articles

Substitution of article 168.

For article 16 (scientific instruments etc) substitute—

“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 a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a);

(c)

to the deposit of any reagent;

(d)

to the deposit of any tracer.

(2)

Sub-paragraph (a) of paragraph (1) is subject to condition 1.

(3)

Sub-paragraph (b) of paragraph (1) is subject to condition 2.

(4)

Sub-paragraphs (c) and (d) of paragraph (1) are subject to conditions 3 and 4.

(5)

Condition 1 is that details of any scientific instrument or associated equipment to be deposited must be notified to the UK Hydrographic Office at least 5 days before the day on which any deposit is made.

(6)

Condition 2 is that notification is given to the UK Hydrographic Office of any removal of any scientific instrument or associated equipment within 5 days of the removal.

(7)

Condition 3 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.

(8)

Condition 4 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.

(9)

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, in particular where such a deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum12;

(c)

any such deposit or removal activity that is likely to have a significant effect on a marine protected area.”