The Marine Licensing (Exempted Activities) (Scottish Offshore Region) Order 2011

Scientific instruments etc. – removal activity

16.—(1) This article applies to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in article 15(1)(a).

(2) This article does not apply to such an activity—

(a) that falls within sub-paragraph (a), (b) or (c) of paragraph (3); and

(b) that is not directly connected with or necessary to the management of the site or area referred to in that sub-paragraph.

(3) Such 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; or

(b) it is capable of affecting (other than insignificantly)—

(i) the protected features of an MPA;

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

(4) In paragraph (4)(a), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.