Regulation 10 Substitution of article 25 (moorings and aids to navigation)

For article 25 substitute—

“Moorings and aids to navigation

25

(1)

Article 4 applies—

(a)

to a deposit or works activity carried on for the purpose of providing a pile mooring, swinging mooring, trot mooring, advanced mooring system or aid to navigation;

(b)

to a removal activity carried on for the purpose of removing any such mooring or aid to navigation.

(2)

Where the activity is carried on by a person other than a harbour authority or a lighthouse authority, paragraph (1) is subject to the conditions that—

(a)

the activity must be carried on in accordance with a consent granted by a harbour authority or a lighthouse authority; and

(b)

before the activity is carried on, the person must give to the licensing authority—

(i)

a copy of that consent; and

(ii)

notice of the intention to carry on the activity.

(3)

But article 4 does not apply to any such activity that—

(a)

falls within paragraph (4); and

(b)

is not directly connected with or necessary to the management of the area referred to in that paragraph.

(4)

An activity falls within this paragraph if it is carried out by a person other than a lighthouse authority and is capable of affecting (other than insignificantly)—

(a)

the protected feature of a highly protected marine area; or

(b)

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