S.L. 625.1 Art. 5Marine scientific research.   S.L. 535.02.

(1) No person or research entity shall conduct marine scientific research in an Area unless authorised in terms of a licence for such purpose granted by the Minister, and in any case said marine scientific research shall be conducted in accordance with any requirement or condition contained in any such licence and in conformity with international law. An application for a licence shall be made in writing in the form as specified in sub-regulation (3).

(2) The Minister may, without prejudice to the generality of his discretion under sub-regulation (1), withhold his consent to grant the said licence for the conduct of a marine scientific research project in an Area if that project:

(a) is of direct significance for the exploration and exploitation of natural resources, whether living or non-living;

(b) involves drilling, or coring into, or sampling from, or involves the use of explosives or the introduction of harmful substances into the marine environment;

(c) involves the construction, operation or use of artificial islands, installations, structures, equipment and devices referred to in regulations 6 and 7;

(d) relates to any information communicated pursuant to sub-regulation (3) regarding the nature and objectives of the project which is inaccurate or if the research entity has outstanding obligations with the Government from a prior research project; or

(e) might interfere, in an unjustifiable manner, with activities undertaken by Government in the exercise of its sovereign rights and jurisdiction provided for under the Act or international law.

(3) Any research entity intending to undertake marine scientific research in an Area shall, not less than six (6) months in advance of the expected starting date of the marine scientific research project, provide the Minister with an application for consent, accompanied by the appropriate fee specified in sub-regulation (12) and by such information and evidence in support thereof, as is required by the Minister. In the application the research entity shall give full details of the following:

(a) the nature and objectives of the project;

(b) the method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment;

(c) the precise geographical areas in which the project is to be conducted;

(d) the expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;

(e) the name of the sponsoring institution, its director, and the person in charge of the project; and

(f) the extent to which it is considered that the Government should be able to participate or be represented on the project.

(4) When undertaking marine scientific research in an Area, any research entity shall comply with the following conditions:

(a) ensure the right of the Government, if it so desires, to participate or be represented in the marine scientific research project, especially on board research vessels and other craft or scientific research installations, when practicable, without payment of any remuneration to the scientists of the Government and without any obligation for the Government to contribute towards the costs of the project;

(b) provide the Minister, at his request, a daily position report of the research vessel or other craft or scientific research installations;

(c) provide the Minister, at his request, with preliminary reports, as soon as practicable, and with the final results and conclusions after the completion of the research and in accordance with the conditions of the licence;

(d) comply with all applicable health, safety and environmental regulations and guidelines;

(e) provide access for the Minister, at his request, to all data and samples derived from the marine scientific research project and furnish him with data which may be copied and samples which may be divided without detriment to their scientific value;

(f) if requested, provide the Minister with an assessment of such data, samples and research results or provide assistance in their assessment or interpretation;

(g) ensure that, as soon as practicable, the research results are made internationally available through appropriate national or international channels:

Provided that if the research results of a project are of direct significance for the exploration and exploitation of natural resources, then such results shall not be made available in accordance with this sub-regulation without the prior consent in writing of the Minister;

(h) inform the Minister immediately of any major change in the research programme;

(i) unless otherwise agreed with the Minister, remove the scientific research installations or equipment once the research is completed or otherwise discontinued by not later than sixty (60) days from the date of completion or otherwise discontinuity of the said research; and

(j) comply with any other condition which the Minister may reasonably impose.

(5) Nothing in sub-regulations (3) and (4) shall be construed as limiting the discretion of the Minister to grant or withhold his consent to grant a licence for the conduct of a marine scientific research project in an Area, pursuant to sub-regulation (2).

(6) The Minister shall have the right to issue an order requiring the suspension of any marine scientific research activities in progress within an Area if:

(a) the research activities are not being conducted in accordance with the information communicated as provided under sub-regulation (3) upon which the consent of the Minister was based; or

(b) the research entity conducting the research activities fails to comply with the provisions of sub-regulation

(4) concerning the rights of the Minister and, or the Government with respect to the marine scientific research project.

(7) The Minister shall have the right to issue an order requiring the immediate suspension or cessation of any marine scientific research activities in case of any non-compliance with the provisions of sub-regulations (3) and (4) which amounts to a major change in the research project or the research activities.

(8) The Minister shall have the right to issue an order requiring the immediate cessation of marine scientific research activities if any of the situations contemplated in sub-regulation (6) are not rectified within a reasonable period of time prescribed in writing by the Minister and served on the relative research entity.

(9) Following notification by the Minister of its decision to order suspension or cessation, the research entity shall terminate the research activities that are the subject of such a notification.

(10) An order of suspension under sub-regulation (7) may be lifted by the Minister and the marine scientific research activities allowed to continue once the research entity has complied with the conditions required under sub-regulations (3) and (4).

(11) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding five hundred thousand euro (€500,000).

(12) The application for a licence submitted to the Minister pursuant to sub regulation (3) shall be subject to a non-refundable administrative charge of three hundred euro (€300), payable to the Minister:

Provided that, where an administrative charge for a licence is due under this regulation and under regulation 6 of the

Continental Shelf Regulations, only the latter administrative charge shall apply.