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

F1Upgrades to coastal, drainage and flood defence structures44.

(1)

Article 4 applies to a deposit or removal activity carried on by or on behalf of a Welsh risk management authority, or coast protection authority where a local planning permission is required to upgrade any—

(a)

coast protection works;

(b)

drainage works;

(c)

flood defence works.

(2)

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

(3)

Condition 1 is that the deposit or removal activity is carried out within the existing boundaries of the works being maintained.

(4)

Condition 2 is that the UK Hydrographic office is notified of any such deposit or removal activities at least 5 days prior to the activity beginning.

(5)

But article 4 does not apply to any construction, deposit or removal activity that extends below the mean low water spring tide mark.