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Prohibited activities in vicinity, etc., of relevant wreck, etc.
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136. (1) Subsection (2) applies to each of the following things:
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(a) a wreck 100 or more years old;
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(b) a registered monument, or a prescribed monument, that is situated on, in or under land covered by water;
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(c) an archaeological object situated on, in or under land covered by water.
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(2) A person shall not, except under and in accordance with a licence, do any of the following (in this section referred to as a “relevant activity”) at, on, in, over, under or in the vicinity of a thing to which this subsection applies:
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(a) dive or direct or authorise diving;
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(b) use or possess, or direct or authorise the use or possession of, diving, survey or salvage equipment;
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(c) dump or deposit, or direct or authorise the dumping or deposition of, any thing whether or not it interferes with or causes damage to the thing;
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(d) interfere, remove or tamper in any way (whether with or without causing damage) with the thing.
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(3) (a) Subject to paragraph (b), this section (apart from this subsection) does not apply to—
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(i) the authorisation of a proposal for the carrying out of a relevant activity, or
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(ii) the authorisation of the carrying out of a relevant activity,
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where such authorisation (whether a licence, consent, approval, permission, or other authorisation) is granted, issued or given under an enactment (other than this Act) only for the purpose of making lawful the doing of an act as part of, or pertaining to, such activity which would otherwise, in the absence of such authorisation, be unlawful under that enactment.
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(b) The disapplication, effected by paragraph (a), of this section to an authorisation referred to in that paragraph shall not be construed to also disapply this section to—
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(i) the proposal for the carrying out of the relevant activity, or
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(ii) the carrying out of the relevant activity,
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to which that authorisation relates.
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