Article 7 Amendment of Article 17

In Article 17 (scientific instruments etc)–

(a)

for paragraph (2) substitute–

“(2)
Paragraph (1) is subject to condition 1, and (as that paragraph relates to the deposit of a reagent or tracer) conditions 2 and 3.

(2A)
Condition 1 is that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.”;

(b)

in paragraph (3), for “1” substitute “2”;

(c)

in paragraph (4), for “2” substitute “3”;

(d)

in paragraph (5)–

(i)

in sub-paragraph (b) after “navigation” insert “, in particular where any such deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum”;^f1

(ii)

in sub-paragraph (c)(i), for “(a) or (b)” substitute “(a), (b) or (c)”;

(e)

in paragraph (6)–

(i)

in sub-paragraph (a) at the end, omit “or”;

(ii)

in sub-paragraph (b) at the end, insert–

“; or

(c)
it is capable of affecting (other than insignificantly)–

(i)
the protected features of an MCZ;

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

Annotations

Footnotes

f1: Chart Datum is the plane below which all depths are published on a navigational chart. It is also the plane to which all tidal heights are referred, so by adding the tidal height to the charted depth, the true depth of water is determined. By international agreement Chart Datum is defined as a level so low that the tide will not frequently fall below it. In the United Kingdom, this level is normally approximately the level of the Lowest Astronomical Tide.