Article 19 Maintenance of coast protection, drainage and flood defence worksI1
Northern Ireland
Article 4 applies to an activity carried on for the purpose of maintaining any—
coast protection works;
drainage works; or
flood defence works.
Paragraph (1) is subject to condition 1 and either condition 2 or 3.
Condition 1 is that the activity must be carried on within the existing boundaries of the works being maintained.
Condition 2 is that, where a public body, other than the licensing authority, intends to carry on the activity to which paragraph (1) applies, the public body must either–
give notice of the intention to carry on the activity to the licensing authority before the activity is carried on; or
if the activity is carried on for the purpose of executing emergency works, the public authority must–
notify the licensing authority before the end of the period of 3 working days beginning with the date on which the activity commences; and
the notification must set out the location of, the circumstances giving rise to and the nature of the emergency works.
Condition 3 is that, where a person, other than the licensing authority or a public body, intends to carry on the activity to which paragraph (1) applies, the person must obtain approval from the licensing authority before the activity is carried on.
But Article 4 does not apply—
in relation to any such activity which consists of beach replenishment; or
to an activity that causes or is likely to cause obstruction or danger to navigation.
In this Article–
“beach replenishment” means the addition of material from land-based, off-shore or other coastal sources not connected to the beach or its associated sediment system to replace material permanently lost from the system;
“coast protection works” includes–
- (a)
beach re-profiling, which involves the movement of beach material in a cross-shore direction up or down the beach; and
- (b)
beach recycling, which involves the movement of beach material along the beach from areas of accretion to areas of erosion within the beach or associated sediment system.
- (a)
Annotations
Textual amendments
- F1
Art. 19(2)-(2C) substituted (1.4.2022) for art. 19(2) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 9(1)(a)
- F2
Art. 19(4) inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 9(2)
Commencement
- I1
Art. 19 in operation at 6.4.2011, see art. 1