PART 3 Activities to which Article 4 applies and conditions

Use of vehicles to remove litter , seaweed or dead animals from beaches or intertidal areas
21. (1) Article 4 applies to a removal activity using a vehicle carried on by or on behalf of a local authority for the purpose of removing any litter , seaweed or dead animals from beaches or intertidal areas.
Words in art. 21(1) substituted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(2)
(1A) Paragraph (1) is subject to the condition that notice of the intention to carry on the removal activity must be given to the licensing authority before the removal activity may be carried on for the purpose of removing a dead animal.
Art. 21(1A) inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(3)
(2) But Article 4 does not apply to any such removal activity—
(a) that falls within sub-paragraph (a), (b) or (c) of paragraph (3), or paragraph (3A); and
Words in art. 21(2)(a) substituted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(4)
(b) that is not directly connected with or necessary to the management of the site referred to in that sub-paragraph.
(3) Such an activity falls within this paragraph if—
(a) it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; ...
Word in art. 21(3)(a) omitted (1.4.2022) by virtue of The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(5)(a)
(b) it is likely to have a significant effect on a Ramsar site ; or
Art. 21(3)(c) and word inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(5)(b)
(c) it is capable of affecting (other than insignificantly)–
(i) the protected features of an MCZ;
(ii) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
(3A) Such an activity falls within this paragraph if it is likely to cause damage to features of archaeological or historic interest in an area where the activities in question occur.
Art. 21(3A) inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(6)
(4) In paragraph (1), “local authority” has the meaning given by section 68(9) of the Act.
(4A) In paragraph (1), “intertidal area” means the area between the level of mean high water spring tides and the level of mean low water spring tides.
Art. 21(4A) inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(7)
(5) In Paragraph (3)(a) and (b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.
OJ No L 206, 22.7.1992
Words in art. 21 heading substituted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 11(1)

Art. 21 in operation at 6.4.2011, see art. 1