36.—(1) Article 4 applies to a deposit or removal activity carried on by, or on behalf of, a harbour authority or the Natural Resources Body for Wales, during the removal of an abandoned or derelict vessel.
(2) Paragraph (1) is subject to the condition that notification is given to the Maritime and Coastguard Agency at least 24 hours before any deposit or removal activity is carried on.
(3) But article 4 does not apply to—
(a)any deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,
(b)any deposit or removal activity that is likely to have a significant effect on a marine protected area, or
(c)the removal of a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973.
(4) In this article—
“abandoned” (“wedi ei gadael”) means a vessel where the owner is unknown, following reasonable attempts to identify them, or has surrendered rights of ownership;
“derelict” (“adfeiliedig”) means a vessel in a state of disrepair and neglect.]
Textual Amendments