44.—(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.]
Textual Amendments