Citation and commencement

1. These Regulations—

(a) may be cited as the Marine and Coastal Access Act 2009 (Amendment) Regulations 2011; and

(b) come into force on 6th April 2011.

Amendment of section 75 of the Marine and Coastal Access Act 2009

2. —(1)Section 75 of the Marine and Coastal Access Act 2009( 3 ) (exemptions for certain dredging etc activities) is amended as follows.

(2) In subsection (1)—

(a) the words from “the conditions” to the end become paragraph (a); and

(b) after that paragraph insert—

“ , and

(b) where the activity involves the disposal or recovery of waste materials, the additional conditions in subsection (2A) are met ” .

(3) After subsection (2) insert—

“ (2A) The additional conditions are—

(a) that the activity involves the relocation of sediments inside surface waters,

(b) that the activity is for the purpose of—

(i) managing waters or waterways,

(ii) preventing floods,

(iii) mitigating the effects of floods or droughts, or

(iv) land reclamation, and

(c) that it is proved to the satisfaction of the appropriate licensing authority for the area in which the activity is to be undertaken that the sediments are not hazardous waste. ” .

(4) After subsection (4) insert—

“ (5) Any expression used in subsection (1)(b) or (2A) and also in Directive 2008/98/ EC of the European Parliament and of the Council of 18 November 2008 on waste ( 4 ) has the same meaning as in that Directive. ” .