PART 3Activities to which article 4 applies and conditions

Maintenance of coast protection, drainage and flood defence works19.

(1)

Article 4 applies—

(a)

to an activity carried on by or on behalf of the Environment Agency for the purpose of maintaining any—

(i)

coast protection works;

(ii)

drainage works; or

(iii)

flood defence works;

F1(b)

to an activity carried on by or on behalf of any of the following for the purpose of maintaining any coast protection works—

(i)

a coast protection authority (within the meaning of Part 1 of the Coast Protection Act 1949);

(ii)

a local authority (within the meaning of section 68(9) of the Act);

(iii)

the Secretary of State for Defence

(2)

Paragraph (1) is subject to the condition that the activity is carried on within the existing boundaries of the works being maintained.

(3)

But article 4 does not apply in relation to any such activity which consists of beach replenishment.

F2(4)

In this article—

“beach replenishment” means the addition of material from land-based, off-shore or other coastal sources not connected to the beach or its associated sediment system to replace material permanently lost from the system;

“coast protection works” includes—

(a)

beach re-profiling, which involves the movement of beach material in a cross-shore direction up or down the beach; and

(b)

beach recycling, which involves the movement of beach material along the beach from areas of accretion to areas of erosion within the beach or associated sediment system.