Regulation 12 Substitution of article 25A (pontoons)

For article 25A substitute—

“Pontoons

25A

(1)

Article 4 applies—

(a)

to a deposit or works activity carried on for the purpose of providing a pontoon; or

(b)

to a removal activity carried on for the purpose of removing a pontoon.

(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.

(3)

Where the activity is carried on by a person other than a harbour 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; and

(b)

before the activity is carried on, the person must give a copy of that consent to the licensing authority.

(4)

Paragraph (1)(a) is subject to the condition that the activity may only be carried on with an approval granted by the licensing authority where—

(a)

the activity is carried on by, or with the consent granted by, a harbour authority; and

(b)

in the 6 months before the activity is commenced, more than 10 pontoons have been constructed by, or with the consent granted by, that harbour authority.

(5)

But article 4 does not apply to any activity referred to in paragraph (1)—

(a)

that consists of the deposit, construction or removal of a pontoon the deck of which has an area exceeding 30 square metres; or

(b)

that—

(i)

falls within paragraph (6); and

(ii)

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

(6)

An activity falls within this paragraph if it 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.”.