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 accidently 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 a period of 12 months beginning with the day on which the object was accidently 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 effecting (other than insignificantly)–

(i)

the protected features of an MCZ; or

(ii)

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

Annotations

Textual amendments

F1: Arts. 17A, 17B inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 8