Part 2Amendments of existing articles

Amendment of article 33.

In article 3 (interpretation)—

(a)

omit the definition of “European site”;

(b)

at the appropriate place in alphabetical order insert—
“ “coast protection authority” (“awdurdod diogelu’r arfordir”) has the same meaning as in the Coast Protection Act 19494;
“invasive non-native species” (“rhywogaeth estron oresgynnol”) has the same meaning as in Schedule 9A to the Wildlife and Countryside Act 1981 (see paragraph 2(1) to (3))5;

“local authority” (“awdurdod lleol”) means a county council or county borough council in Wales;

“marine litter” (“sbwriel môr”) means any persistent, manufactured or processed solid material discarded, disposed of or abandoned occurring in the marine and coastal environment;

“marine protected area” (“ardal forol warchodedig”) means a site—

  1. (i)
    designated as a special area of conservation in accordance with regulation 12(1) of the Conservation of Habitats and Species Regulations 20176 or regulation 7(1) of the Conservation of Offshore Marine Habitats and Species Regulations 20177;
  2. (ii)

    classified as special protection area in accordance with regulation 15(1) of the Conservation of Habitats and Species Regulations 2017 or regulation 12(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

  3. (iii)

    designated as marine conservation zone in accordance with section 116(1) of the 2009 Act;

  4. (iv)
    notified as a site of special scientific interest in accordance with section 28(1) of the Wildlife and Countryside Act 19818;

“MoD strategic interest” (“buddiant strategol y Weinyddiaeth Amddiffyn”) includes any training, test, evaluation or operation carried out or due to be carried out by the Ministry of Defence, on behalf of the Ministry of Defence or with the permission of the Ministry of Defence;

“the Trinity House” (“Trinity House”) has the meaning given in section 223(1) of the Merchant Shipping Act 19959;

“the UK Hydrographic Office” (“Swyddfa Hydrograffig y DU”) means the Hydrographic Office of the Ministry of Defence;

“Welsh risk management authority” (“awdurdod rheoli risg i Gymru”) has the meaning given in section 6 of the Flood and Water Management Act 201010.”

Amendment of article 3A4.

In article 3A (modification of the Waste Framework Directive) omit paragraph (9)(b).

Amendment of article 95.

In article 9 (salvage activities)—

(a)

from “Article 4” to “pollution.” becomes paragraph (1);

(b)

after paragraph (1) insert—

“(2)

But article 4 does not apply to the removal of wrecks or objects of archaeological or historical interest.”

Amendment of article 136.

In article 13 (shellfish propagation and cultivation)—

(a)

in paragraph (2)—

(i)

after “deposit” insert “, removal activity or dredging activity”;

(ii)

omit the “or” after sub-paragraph (b);

(b)

after paragraph (2)(c) insert—

“(d)

that is likely to have a significant effect on a marine protected area;

(e)

made for the purpose of expanding shellfish propagation or cultivation beyond the boundaries of existing activities.

(3)

Paragraph (1) is subject to the condition that notification is given to the UK Hydrographic Office at least 5 days before the day on which any deposit begins, including details of any structures or markers and their co-ordinates of latitude and longitude according to the World Geodetic System 198411.”

Amendment of article 157.

In article 15 (deposit of equipment to control, contain or recover oil etc), in paragraph (1), after “deposit” insert “and removal”.

Substitution of article 168.

For article 16 (scientific instruments etc) substitute—

“Scientific instruments etc 16.

(1)

Article 4 applies—

(a)

to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;

(b)

to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a);

(c)

to the deposit of any reagent;

(d)

to the deposit of any tracer.

(2)

Sub-paragraph (a) of paragraph (1) is subject to condition 1.

(3)

Sub-paragraph (b) of paragraph (1) is subject to condition 2.

(4)

Sub-paragraphs (c) and (d) of paragraph (1) are subject to conditions 3 and 4.

(5)

Condition 1 is that details of any scientific instrument or associated equipment to be deposited must be notified to the UK Hydrographic Office at least 5 days before the day on which any deposit is made.

(6)

Condition 2 is that notification is given to the UK Hydrographic Office of any removal of any scientific instrument or associated equipment within 5 days of the removal.

(7)

Condition 3 is that the reagent or tracer must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.

(8)

Condition 4 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.

(9)

But article 4 does not apply to—

(a)

any such deposit made for the purpose of disposal;

(b)

any such deposit that causes or is likely to cause obstruction or danger to navigation, in particular where such a deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum12;

(c)

any such deposit or removal activity that is likely to have a significant effect on a marine protected area.”

Amendment of article 189.

In article 18 (maintenance of coast protection, drainage and flood defence works), in paragraph (1)—

(a)

for “the Natural Resources Body for Wales or the Environment Agency” substitute “a Welsh risk management authority or a coast protection authority”;

(b)

omit sub-paragraph (b).

Amendment of article 1910.

In article 19 (emergency works in response to flood or flood risk)—

(a)

in paragraph (1), for “on by or on behalf of the Natural Resources Body for Wales or the Environment Agency” substitute “out”;

(b)

for paragraph (2) substitute—

“(2)

But article 4 does not apply where there has been a failure to maintain a structure before a flood or flood risk occurs.”

Substitution of article 2011.

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 areas20.

(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 201113;

(c)

“intertidal area” means the area between the level of mean high water spring tides and the level of mean low water spring tides.”

Amendment of article 2112.

 In article 21 (deposits in the course of normal navigation or maintenance), in paragraph (1), after “maintenance” insert “, or any related removal activity”.

Amendment of article 2313.

 In article 23 (removal of obstruction or danger to navigation), after paragraph (2) insert—

“(3)

Paragraph (1) is subject to the condition that the UK Hydrographic Office is given notification of the removal activity within 5 days of the removal.”

Amendment of article 2414.

In article 24 (moorings and aids to navigation)—

(a)

in paragraph (1)(b), after “such person” insert “referred to in paragraph (2)”;

(b)

after paragraph (1)(b) insert—

“(c)

to a deposit, removal activity or works activity carried on by a person referred to in paragraph (2) for the purpose of replacing or maintaining any such mooring or aid to navigation.”

Amendment of article 2515.

In article 25 (markers for European marine sites)—

(a)

in the heading, for “European marine sites” substitute “marine protected areas”;

(b)

in paragraph (1)(a), for the words “for the purposes of regulation 37(1)” to the end substitute “to indicate the existence and extent of a marine protected area”;

(c)

for paragraph (2) substitute—

“(2)

Paragraph (1) is subject to the condition that a notification of any deposit or removal activity is given to the following bodies at least 5 days before the day on which any deposit or removal activity commences—

(a)

the Maritime and Coastguard Agency,

(b)

the Trinity House, and

(c)

the UK Hydrographic Office.”

Amendment of article 2616.

In article 26 (launching of vessels etc)—

(a)

in the heading, after “launching” insert “and removal”;

(b)

at the end of the article insert “and a subsequent removal activity”.

Substitution of article 2817.

For article 28 (diver trails within restricted areas) substitute—

“Diver trails within restricted areas and in relation to scheduled monuments28.

(1)

Article 4 applies to a deposit or removal activity carried on for the purpose of placing, securing or removing signage or other identifying markers relating to—

(a)

a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 197314,

(b)

a scheduled monument within the meaning of section 3(7) of the Historic Environment (Wales) Act 202315, or

(c)

an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 198616.”

Amendment of article 2918.

In article 29 (coastguard activities – safety purposes and training)—

(a)

for “an activity” substitute “a deposit or removal activity”;

(b)

for “for the purpose of” substitute “or to anyone acting in connection with”;

(c)

in paragraph (b), after “life” insert “or property”.

Amendment of article 3119.

In article 31 (cables and pipelines – authorised emergency inspection and repair)—

(a)

in paragraph (2), for the words “the activity may” to the end substitute “notification is given to the UK Hydrographic Office of any amendments made to charted cable and pipeline positions within 5 days after the completion of any emergency repair works”;

(b)

in paragraph (3), after “item 10” insert “or to any such deposit for the purpose of providing long-term cable or pipeline protection.”

Substitution of article 3220.

  For article 32 (bored tunnels) substitute—

“Bored tunnels32.

(1)

Article 4 applies to a deposit or works activity carried on wholly under the seabed in connection with the construction or operation of a bored tunnel.

(2)

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

(3)

Condition 1 is that the activity must not adversely affect the environment of Wales, the Welsh inshore region and the Welsh offshore region or the living resources that environment supports.

(4)

Condition 2 is that the deposit or works activity does not or is not likely to cause obstruction or danger to navigation.

(5)

Condition 3 is that the deposit or works activity does not or is not likely to cause damage to features of archaeological or historic interest.

(6)

But article 4 does not apply to any such deposit carried on for the purpose of disposal.”