Regulation 14 Substitution of article 27A (deposit of a substance arising from the cleaning of vessels)

For article 27A substitute—

“Deposit of a substance arising from the cleaning of vessels

27A

(1)

Article 4 applies to the deposit of a substance removed from that part of the hull of a vessel which is normally submerged (“submerged hull”).

(2)

Paragraph (1) is subject to the condition that—

(a)

the removal of the substance, whether it is undertaken by hand or by mechanical means, is undertaken using only—

(i)

a soft cloth;

(ii)

a sponge;

(iii)

the bristles of a soft brush; or

(iv)

sandpaper, the grit size of which is at least P2000; and

(b)

where the removal is undertaken by mechanical means—

(i)

the removal is carried out using a technique or technology which ensures that the amount of the substance deposited either in the sea, or on or under the sea bed, after removal is negligible;

(ii)

the substance removed does not include anti-fouling paint; and

(iii)

the removal of the substance is from a submerged hull no more than 15 per cent of which is covered by visible aquatic organisms.

(3)

But article 4 does not apply to any such deposit 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)

A deposit 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.

(5)

In this regulation “anti-fouling paint” means any surface coating containing one or more chemical compounds which may have a detrimental effect on estuarial or marine life and which is applied to the hull of a vessel.”.