Article 21A Recovery of marine litter etcF1

(1)

Article 4 applies to the removal during the course of diving activities of–

(a)

marine litter; and

(b)

abandoned, discarded or lost fishing gear.

(2)

Paragraph (1) is subject to the condition that the activity is notified to the licensing authority before it is carried out.

(3)

But Article 4 does not apply to any such removal activity–

(a)

that is likely to cause damage to features of archaeological or historic interest in an area where the diving activities in question occur; or

(b)

that–

(i)

falls within paragraph (4); and

(ii)

is not directly connected with or necessary for the management of a site or zone (as the case may be) referred to in that paragraph.

(4)

An 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;

(ii)

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

Annotations

F1: Art. 21A inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 12