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The decommissioned warship Annapolis.

Federal Court has cleared the way for the Artificial Reef Society of British Columbia to sink the former Canadian warship Annapolis in waters just north of Vancouver.

The group of recreational divers has been trying to scupper the 113-metre decommissioned destroyer for six years, but has faced numerous delays because of opposition from the Save Halkett Bay Marine Park Society, which fears the wreck will cause pollution.

In the latest development, Federal Court has dismissed an application by the Save Halkett Bay Marine Park Society for a judicial review of a disposal-at-sea permit granted by the Minister of the Environment.

The group argued the government permit should be quashed because the ship's paint contains dibutyltin dichloride and tributyltin chloride, toxic materials known as TBTs that could damage the environment.

In a written ruling, released Thursday, Chief Justice Paul Crampton states that the chemicals "were common ingredients in 'anti-fouling' paint that was used on ships' hulls during the period that the HMCS Annapolis was in active service."

And he said issuance of the permit "was not unreasonable" given that the anti-fouling coating on the ship's hull was in a non-active state "in accordance with Environment Canada's standards" for disposal of vessels at sea.

He also noted the amount of TBTs in the paint samples allegedly collected from the hull by the Save Halkett Bay Marine Park Society were "0.004% - 0.008% of what would be expected to be found in fresh anti-fouling paint."

Chief Justice Crampton said the cleanup standards applied by Environment Canada to the Annapolis were comparable to those used in the U.S. and Australia.

And he noted that the government had done "an extensive and thorough analysis" of the Annapolis over several years prior to issuing the disposal at sea permit.

Gary MacDonald, a spokesman for the Save Halkett Bay Marine Park Society, said in an e-mail his group is "still extremely concerned about the paint," but has decided not to appeal the Federal Court ruling.

Bryan Hicks, lawyer for the Artificial Reef Society of B.C., said his clients hope to complete the project soon.

"There are no legal barriers preventing that from happening," he said.

"This court decision has cleared the way for that."

In his ruling, Chief Justice Crampton not only dismissed the marine society's application, but he also awarded the reef society and government court costs and lifted an order that prohibited the ship from being moved or sunk.

The ruling said the reef society selected Halkett Bay because it wanted to "repair and restore" habitat that had been damaged by log booms over several decades.

The Annapolis served in the Canadian Navy from 1964 to 1996.

The ship was decommissioned in 1998 and was sold to the artificial reef society March 11, 2008.

With reports from The Canadian Press

Below: Map shows artificial reefs created by sunken vessels in the Strait of Georgia.

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