Amendment of section 75 of the Marine and Coastal Access Act 20092

1

Section 75 of the Marine and Coastal Access Act 20093 (exemptions for certain dredging etc activities) is amended as follows.

2

In subsection (1)—

a

the words from “the conditions” to the end become paragraph (a); and

b

after that paragraph insert—

, and

b

where the activity involves the disposal or recovery of waste materials, the additional conditions in subsection (2A) are met

3

After subsection (2) insert—

2A

The additional conditions are—

a

that the activity involves the relocation of sediments inside surface waters,

b

that the activity is for the purpose of—

i

managing waters or waterways,

ii

preventing floods,

iii

mitigating the effects of floods or droughts, or

iv

land reclamation, and

c

that it is proved to the satisfaction of the appropriate licensing authority for the area in which the activity is to be undertaken that the sediments are not hazardous waste.

4

After subsection (4) insert—

5

Any expression used in subsection (1)(b) or (2A) and also in Directive 2008/98/EC of the European Parliament and of the Council of 18 November 2008 on waste4 has the same meaning as in that Directive.