Article 17B Accidental deposits – removal activityF1

(1)

Article 4 applies to a removal activity carried on for the purpose of removing any object which has been accidentally deposited on the seabed.

(2)

Paragraph (1) is subject to conditions 1 and 2.

(3)

Condition 1 is that notice of the intention to carry on the removal activity must be given to the licensing authority before the removal activity is carried on.

(4)

Condition 2 is that the removal activity must be commenced within the period of 12 months beginning with the day on which the object was accidentally deposited on the seabed.

(5)

But article 4 does not apply—

(a)

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

(b)

to any such removal activity—

(i)

that falls within sub-paragraph (a), (b) or (c) of paragraph (6); 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.

(6)

A removal 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.

(7)

In paragraph (6)(a) and (b), “likely” has the same meaning as in the Habitats Directive.

Annotations

Textual amendments

F1: Arts. 17A, 17B inserted (6.4.2013) by The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (S.I. 2013/526), arts. 1(1), 7 (with art. 1(2))