Paragraph 22 UXO ClearanceI1

England, Wales and Scotland

(1)

No removal or detonation of UXO can take place until a UXO clearance methodology and marine mammal mitigation protocol has been submitted to and approved in writing by the MMO (following consultation with the Environment Agency and Natural England).

(2)

The UXO clearance methodology and marine mammal mitigation protocol must be submitted to the MMO no later than six months prior to the date on which it is intended for UXO clearance activities to begin (unless otherwise agreed in writing by the MMO).

(3)

The UXO clearance methodology submitted pursuant to sub-paragraph (1) must be based on the nature, location and size of UXO or magnetic anomalies that have been identified and include—

(a)

a methodology for the clearance of magnetic anomalies or otherwise which are deemed a UXO risk;

(b)

information to demonstrate how the best available evidence and technology has been taken into account in formulating the methodology;

(c)

a debris removal plan;

(d)

a plan highlighting the area(s) within which clearance activities are proposed;

(e)

details of engagement with other local legitimate users of the sea; and

(f)

a programme of works.

(4)

The marine mammal mitigation protocol submitted pursuant to sub-paragraph (1) must include details of the measures to prevent auditory or other injury to marine mammals following current best practice as advised by the relevant statutory nature conservation bodies.

(5)

The removal or detonation of UXO must be undertaken in accordance with UXO clearance methodology and marine mammal mitigation protocol approved pursuant to sub-paragraph (1).

(6)

Subject to sub-paragraph (7) a UXO clearance close out report must be submitted in writing to the MMO and the relevant statutory nature conservation body within three months following the end of the UXO clearance activity and must include the following for each detonation undertaken—

(a)

co-ordinates, depth, current speed, charge utilised and the date and time of each detonation; and

(b)

whether any mitigation was deployed, including feedback on practicalities of deployment of equipment and efficacy of the mitigation where reasonably practicable, or justification if this information is not available.

(7)

Should there be more than one UXO clearance activity, the report required under sub-paragraph (6) will be provided at intervals agreed in writing with the MMO.

Annotations

Commencement

I1: Sch. 11 para. 22 in force at 11.3.2024, see art. 1