PART 3

Activities to which article 4 applies and conditions

Use of vehicles to remove litter , seaweed or dead animals from beaches and 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 animal from a beach or intertidal area.
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.
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); and
b
that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
3
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;
b
it is likely to have a significant effect on a Ramsar site; or
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.
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.
5
In paragraph (3)(a) and (b), “likely” has the same meaning as in the Habitats Directive .
Words in art. 21 heading substituted (6.4.2013) by The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (S.I. 2013/526), arts. 1(1), 9(a) (with art. 1(2))
Art. 21(1A) inserted (6.4.2013) by The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (S.I. 2013/526), arts. 1(1), 9(c) (with art. 1(2))
Words in art. 21(1) substituted (6.4.2013) by The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (S.I. 2013/526), arts. 1(1), 9(b) (with art. 1(2))
Words in art. 21(5) substituted (6.4.2013) by The Marine Licensing (Exempted Activities) (Amendment) Order 2013 (S.I. 2013/526), arts. 1(1), 9(d) (with art. 1(2))
Words in art. 21 heading inserted (31.5.2019) by The Marine Licensing (Exempted Activities) (Amendment) Order 2019 (S.I. 2019/893), arts. 1(1), 7(a) (with art. 1(2))
Art. 21(4A) inserted (31.5.2019) by The Marine Licensing (Exempted Activities) (Amendment) Order 2019 (S.I. 2019/893), arts. 1(1), 7(c) (with art. 1(2))
Words in art. 21(1) inserted (31.5.2019) by The Marine Licensing (Exempted Activities) (Amendment) Order 2019 (S.I. 2019/893), arts. 1(1), 7(b) (with art. 1(2))