Marginal note:Designation — scientific equipment
39 (1) Scientific equipment that meets the following criteria is designated as a minor work:
(a) the scientific equipment is required to perform scientific research and is being used for this sole purpose;
(b) the scientific equipment is not being used for geotechnical testing or geotechnical investigations;
(c) the scientific equipment is situated 30 m or more from a navigation channel or, if there is no navigation channel, is not situated in, on, over, through or across a navigation route;
(d) if the scientific equipment does not lie on the bed of the navigable water, it is marked by
(i) a cautionary buoy with retro-reflective material, or
(ii) an Ocean Data Acquisition System (ODAS) buoy with retro-reflective material;
(e) if the scientific equipment lies on the bed of the navigable water, it does not extend vertically above the bed of the navigable water more than
(i) if the navigable water is less than 15 m in depth, 5% of the depth of the water, or
(ii) in any other case, 1 m; and
(f) the scientific equipment is situated more than 20 m from any work that is situated in, on, over, under, through or across the navigable water and is not owned by the owner of the equipment.
Marginal note:Definition of scientific equipment
(2) In this section, scientific equipment means monitoring and measurement devices, and any associated buoys, platforms or other similar structures, installed in, on, under, through or across a navigable water.
Coming into Force
40 This Order comes into force on the day on which it is registered.
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