“Routine minor works to maintain existing bridges, cantilevered structures, jetties and piers35.

(1)

Article 4 applies to routine minor works carried out by a local authority or a harbour authority, or any persons acting on their behalf to maintain existing bridges, cantilevered structures, jetties or piers.

(2)

But article 4 does not apply to any—

(a)

construction of structures required to support access,

(b)

dredge or disposal works,

(c)

deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(d)

deposit or removal activity which reduces the air clearance above Highest Astronomical Tide for any vessels passing under a bridge, or

(e)

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

Removal of abandoned or derelict vessels36.

(1)

Article 4 applies to a deposit or removal activity carried on by, or on behalf of, a harbour authority or the Natural Resources Body for Wales, during the removal of an abandoned or derelict vessel.

(2)

Paragraph (1) is subject to the condition that notification is given to the Maritime and Coastguard Agency at least 24 hours before any deposit or removal activity is carried on.

(3)

But article 4 does not apply to—

(a)

any deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(b)

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

(c)

the removal of a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973.

(4)

In this article—

“abandoned” (“wedi ei gadael”) means a vessel where the owner is unknown, following reasonable attempts to identify them, or has surrendered rights of ownership;

“derelict” (“adfeiliedig”) means a vessel in a state of disrepair and neglect.

Firework displays37.

(1)

Article 4 applies to the deposit or use of fireworks as part of a firework display and the removal of any associated litter from the marine environment.

(2)

But article 4 does not apply to any activity—

(a)

that causes or is likely to cause an obstruction or danger to navigation, or

(b)

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

Samples for testing or analysis38.

(1)

Article 4 applies to a removal activity carried out for the purpose of taking a sample of any material for testing or analysis.

(2)

Paragraph (1) is subject to the condition that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.

(3)

But article 4 does not apply to any deposit or removal activity—

(a)

where the volume of material removed exceeds 1 cubic metre,

(b)

that causes or is likely to cause obstruction or danger to navigation,

(c)

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

(d)

that falls within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973,

(e)

that is likely to cause damage to scheduled monuments within the meaning of section 3(7) of the Historic Environment (Wales) Act 2023, or

(f)

which may cause an adverse effect to an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986.

Divers removing marine litter39.

(1)

Article 4 applies to the removal of the following during diving activities—

(a)

marine litter, and

(b)

abandoned, discarded, or lost fishing gear.

(2)

But article 4 does not apply to a removal activity—

(a)

that is likely to cause damage to features of archaeological or historic interest in the area where the diving activities occur, or

(b)

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

Accidental deposits - removal activity40.

(1)

Article 4 applies to a removal activity carried on for the purpose of removing any object which has been accidently deposited on the seabed.

(2)

Paragraph (1) is subject to the condition that the removal activity must begin within 12 months beginning with the day the object was accidently deposited on the seabed.

(3)

But article 4 does not apply to a removal activity that—

(a)

causes, or is likely to cause an obstruction or danger to navigation, or

(b)

is likely to have a significant effect on a marine protected area.

Navigational maintenance dredging41.

(1)

Article 4 applies to dredging activity carried on for the purpose of conserving or maintaining the navigation of an area of the sea.

(2)

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

(3)

Condition 1 is that the dredging activity may only be carried on at a site and a depth where, in the 10 years before the dredging activity is commenced, at least one other dredging activity or relevant operation has been carried on for the purpose referred to in paragraph (1).

(4)

Condition 2 is that at the site where the dredging activity is to be carried on, no more than 1,500 cubic metres of material are to be dredged as a result of—

(a)

that dredging activity, and

(b)

any other dredging activities, carried on for the purpose referred to in paragraph (1) in the 12 months before that dredging activity begins.

(5)

Condition 3 is that no dredging activity can be carried on which adversely affects or is likely to adversely affect any MoD strategic interest.

(6)

But article 4 does not apply to—

(a)

dredging activity where the volume of material exceeds 500 cubic metres,

(b)

dredging activity that causes or is likely to cause obstruction or danger to navigation,

(c)

dredging activity that is likely to have a significant effect on a marine protected area,

(d)

dredging activity that has or is likely to have the effect, in relation to any body of water, of—

(i)

preventing the achievement of any of the environmental objectives listed in the relevant river basin management plan as applicable in relation to that body of water, or

(ii)

causing environmental damage, or

(d)

any disposal of dredged material.

(7)

In this article—

“body of water” (“crynofa ddŵr”) has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 201717

“environmental damage” (“difrod amgylcheddol”) has the same meaning as in regulation 4 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 200918;

“river basin management plan” (“cynllun rheoli basn afon”) has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Temporary markers42.

(1)

Article 4 applies to a deposit for the purpose of placing a marker and any associated equipment to mark out areas for recreational activities such as sailing, swimming or diving.

(2)

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

(3)

Condition 1 is that notice of the intention to carry out any deposit or subsequent removal activity referred to in paragraph (1) is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before the deposit is carried out, if the marker will remain in place for longer than 24 hours.

(4)

Condition 2 is that the marker and any associated equipment must be removed from the sea and, where applicable, the seabed within 28 days beginning with the day on which the deposit is made.

(5)

But article 4 does not apply to any deposit or removal activity that—

(a)

causes, or is likely to cause an obstruction or danger to navigation, or

(b)

is likely to have a significant effect on a marine protected area.

The establishment or restoration of seagrass bed43.

(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 Translocations19.

(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—

1. (i)

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

2. (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.

Upgrades 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.

Dry dock facilities45.

(1)

Article 4 applies to a deposit or removal activity carried on in a dry dock area, within a harbour which is regulated under the Harbours Act 196420, where the deposit or removal activity is carried on by, or on behalf of, a harbour authority.

(2)

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

(3)

Condition 1 is that notification of the intention to carry on any deposit or removal activity is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before any deposit or removal activity is carried on.

(4)

Condition 2 is that all debris is removed from the dry dock prior to any entry or exit of any vessel.

(5)

But article 4 does not apply to a deposit or removal activity that—

(a)

causes or is likely to cause obstruction or danger to navigation,

(b)

is likely to have a significant effect on a marine protected area, or

(c)

is likely to cause damage to features of archaeological or historical interest.

Discharge of offshore chemicals and oil46.

—Article 4 applies to any activity in relation to which a permit is required under—

(a)

The Offshore Chemicals Regulations 200221, or

(b)

The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 200522.

Removal of windblown sand and subsequent deposit47.

(1)

Article 4 applies to a deposit or removal activity carried on by a local authority, a harbour authority, the Natural Resources Body for Wales or any person acting on their behalf for the purpose of clearing sand blown onto promenades, roads or slipways following a storm event.

(2)

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

(3)

Condition 1 is that the sand is free from marine litter, debris and land-based contaminants before it is deposited back onto a beach.

(4)

Condition 2 is that the sand is deposited back onto a beach within 7 days after it was blown by the wind onto the promenade, road or slipway.

Pontoons48.

(1)

Article 4 applies to a—

(a)

deposit or works activity carried on by, or with the consent of, a harbour authority for the purpose of providing a pontoon within harbour or port limits;

(b)

removal activity carried on by, or with the consent of a harbour authority for the purpose of removing a pontoon.

(2)

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

(3)

Condition 1 is that no more than 10 pontoons have been constructed or deposited at the same site in the previous 6 months.

(4)

Condition 2 is that the pontoon must be free from invasive non-native species before the deposit or during the works activity.

(5)

But article 4 does not apply—

(a)

to the deposit, construction or removal of a pontoon which has a deck with an area exceeding 30 square metres,

(b)

to any dwelling, permanent structure or infrastructure placed or fixed on top of a pontoon, or

(c)

to any piling works.

Trial pits49.

(1)

Article 4 applies to a deposit or removal activity carried on for the purpose of the excavation and backfilling of trial pits.

(2)

Paragraph (1) is subject to the condition that the materials removed from the seabed, as part of any plan or project, do not exceed 5 cubic metres.

(3)

But article 4 does not apply to a deposit or removal activity that—

(a)

causes or is likely to cause an obstruction or danger to navigation,

(b)

is likely to have a significant effect on a marine protected area, or

(c)

is likely to cause damage to features of archaeological or historical interest.

Boreholes50.

(1)

Article 4 applies to a deposit or removal activity carried on for the purpose of removing, from the seabed, objects or materials in connection with drilling of boreholes.

(2)

Paragraph (1) is subject to the condition that the materials removed from the seabed, as part of any plan or project, do not exceed 5 cubic metres.

(3)

But article 4 does not apply to a such deposit or removal activity that—

(a)

causes or is likely to cause obstruction or danger to navigation,

(b)

is likely to have a significant effect on a marine protected area, or

(c)

is likely to cause damage to features of archaeological or historical interest.

Vibrocore sampling51.

(1)

Article 4 applies to a deposit or removal activity carried on for the purpose of taking a sample of material for testing or analysis during vibrocore sampling.

(2)

Paragraph (1) is subject to the condition that the removal of material does not exceed more than 5 cubic meters in any plan or project.

(3)

But article 4 does not apply to any such deposit or removal activity that—

(a)

causes or is likely to cause an obstruction or danger to navigation,

(b)

is likely to have a significant effect on a marine protected area, or

(c)

is likely to cause damage to features of archaeological or historical interest.

(4)

In this article, “vibrocore sampling” means the technique in which a vibrating core tube is driven into underwater sediments such as sand, silt, clay or soft soils using an electronically or hydraulically powered vibration head which recovers a continuous core sample.

In-water hull cleaning52.

(1)

Article 4 applies to the deposit of a substance removed from the hull of a vessel during cleaning.

(2)

Paragraph (1) is subject to the condition that the removal of the substance is undertaken by hand, using only–

(a)

a soft cloth,

(b)

a sponge, or

(c)

the bristles of a soft brush.”