Paragraph 16 UXO clearanceI1

England, Wales and Scotland

(1)

No removal or detonation of UXO can take place until the following have been submitted to and approved in writing by the MMO in consultation with the relevant statutory nature conservation body and, in respect of the method statement, the MCA—

(a)

a method statement for UXO clearance which must include—

(i)

methodologies for—

(aa)

identification and investigation of potential UXO targets;

(bb)

clearance of UXO;

(cc)

removal and disposal of large debris;

(ii)

a plan showing the area in which clearance activities are proposed to take place;

(iii)

a programme of works; and

(iv)

any exclusion zones/environmental micrositing requirements;

(b)

a marine mammal mitigation protocol in accordance with the draft marine mammal mitigation protocol, the intention of which is to prevent injury to marine mammals, following current best practice as advised by the relevant statutory nature conservation bodies.

(2)

The method statement (excluding the information required under sub-paragraphs (1)(a)(ii) and (1)(a)(iv)) and the marine mammal mitigation protocol must be submitted to the MMO for approval at least six months prior to the date on which it is intended for UXO clearance activities to begin.

(3)

The information to be included within the method statement in accordance with sub-paragraphs (1)(a)(ii) and (1)(a)(iv) must be submitted to the MMO for approval at least three months prior to the date on which it is intended for UXO clearance activities to begin.

(4)

Any UXO clearance activities must be undertaken in accordance with the method statement and marine mammal mitigation protocol approved under sub-paragraph (1).

(5)

Subject to paragraph (6), a UXO clearance close out report must be submitted to the MMO and the relevant statutory nature conservation body within three months following the end of the UXO clearance activity and must include the following for each detonation undertaken—

(a)

co-ordinates, depth, current speed, charge utilised and the date and time of each detonation; and

(b)

whether any mitigation was deployed, including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

(6)

Should there be more than one UXO clearance activity, the report required under paragraph (5) will be provided at intervals agreed with the MMO.

Annotations

Commencement

I1: Sch. 13 Pt. 2 para. 16 in force at 22.4.2022, see art. 1(2)