PART 3E+WActivities to which article 4 (exemption from need for marine licence) applies, and conditions

[F1The establishment or restoration of seagrass bedE+W

43.—(1) Article 4 applies to—

(a)any deposit or removal activity carried on for the purpose of establishing or restoring a seagrass bed;

(b)the deposit of any native species of seagrass seed, cutting or plant in the course of establishing or restoring a seagrass bed;

(c)a removal activity carried on for the purpose of moving a seagrass seed, cutting or plant in the course of establishing or restoring a seagrass bed, so long as this does not negatively impact the donor bed;

(d)the movement of seagrass cores or sods, carried on for the purpose of moving a seagrass seed, sediment, cutting or plant in the course of establishing or restoring a seagrass bed so long as this does not negatively impact the donor bed.

(2) Paragraph (1) is subject to conditions 1 to 3.

(3) Condition 1 is that any removal and subsequent deposit of seagrass seed from a healthy donor bed to another area must follow International Union for Conservation of Nature Guidelines for Reintroductions and Other Conservation Translocations.

(4) Condition 2 is that the native seagrass seed, cutting or plant is free from invasive non-native species.

(5) Condition 3 is that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.

(6) But article 4 does not apply to a deposit—

(a)made for the purpose of disposal,

(b)or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(c)or removal activity that is likely to have a significant effect on a marine protected area,

(d)or removal activity that is likely to cause damage to features of archaeological or historic interest, or

(e)which includes any non-biodegradable materials or harmful substances.

(7) In this article—

“native species” (“rhywogaethau brodorol”) means species that naturally occur or have in the past naturally occurred in Wales, including—

(i)

regularly occurring migratory species (both breeding and non-breeding) and natural colonists, and

(ii)

species that have been reintroduced in Wales following past extinction;

“natural colonists” (“coloneiddwyr naturiol”) means species that arrived in Wales of their own accord and have become established, including those that become migratory species.]

Textual Amendments