Substitution of article 20
11. For article 20 (use of vehicles to remove litter or seaweed from beaches) substitute—
Use of vehicles to remove litter, marine litter, debris or dead animals from beaches and intertidal areas
20.—(1) Article 4 applies to a removal activity using a vehicle or vessel carried on by or on behalf of the Welsh Ministers, a local authority, harbour authority within its jurisdiction, Natural Resources Body for Wales or an environmental charity for the purpose of removing—
(a)litter, marine litter, debris or dead animals from a beach or intertidal area, or
(b)abandoned, discarded, or lost fishing gear.
(2) Paragraph (1) is subject to conditions 1 and 2.
(3) Condition 1 is that a dead animal must not be removed by an environmental charity unless it is acting on behalf of the Welsh Ministers, the Natural Resources Body for Wales or a local authority.
(4) Condition 2 is that notice of the intention to remove a dead animal is given to the enforcement authority before the removal activity is undertaken.
(5) But article 4 does not apply to a removal activity that is likely to—
(a)have a significant effect on a marine protected area;
(b)cause damage to features of archaeological or historic interest in an area where the removal activity occurs.
(6) In this article—
(a)“enforcement authority” has the meaning given in section 114 of the Act;
(b)“environmental charity” has the meaning given in sections 1(1), 2(1) and 3(1)(i) of the Charities Act 2011(1);
(c)“intertidal area” means the area between the level of mean high water spring tides and the level of mean low water spring tides.”