Article 14 Insertion of Articles 25A and 25B

After Article 25 (moorings and aids to navigation – deposits and construction) insert–

“Markers for European marine sites and marine conservation zones

25A.

Article 4 applies–

(a)

to a deposit made by the Secretary of State for the purpose of installing a marker for the purpose of regulation 28(1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (marking of site and advice by the Secretary of State);^f1

(b)

to a removal activity carried on by the Secretary of State for the purpose of removing a marker referred to in sub-paragraph (a);

(c)

to a deposit made by a public authority for the purpose of installing a marker indicating the existence and extent of an MCZ;

(d)

to a removal activity carried on by a public authority for the purpose of removing a marker referred to in sub-paragraph (c).

Temporary markers

25B.

(1)

Article 4 applies–

(a)

to a deposit made for the purpose of placing a marker;

(b)

to a removal activity carried on for the purpose of meeting the condition in paragraph (3).

(2)

Paragraph (1) is subject to the condition that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on, except where the activity consists of a deposit made for the purpose of placing a marker and the subsequent removal of that marker will take place within 24 hours of the deposit.

(3)

Sub-paragraph (a) of paragraph (1) is subject to the condition that the marker and its appurtenances must be removed from the sea and, where applicable, the seabed within the period of 28 days beginning with the day on which the deposit is made.

(4)

But Article 4 does not apply–

(a)

to any such activity that causes, or is likely to cause, obstruction or danger to navigation; or

(b)

to any such activity–

(i)

that falls within sub-paragraph (a), (b) or (c) of paragraph (5); and

(ii)

that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.

(5)

An activity falls within this paragraph if–

(a)

it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site;

(b)

it is likely to have a significant effect on a Ramsar site; or

(c)

it is capable of affecting (other than insignificantly)–

(i)

the protected features of an MCZ; or

(ii)

any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.”.