The Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011

Made: 16th March 2011

Coming into operation: 6th April 2011

The Department of the Environment, as the appropriate licensing authority under section 113(6)(b) of the Marine and Coastal Access Act 2009[^f00001], in exercise of the powers conferred by sections 74(1) and 316(1), having had regard to the matters mentioned in section 74(4) and having carried out consultation in accordance with section 74(5) of that Act, makes the following Order.

PART 1 — Introductory provisions

Citation and commencement

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This Order may be cited as the Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011 and comes into operation on 6th April 2011.

Application

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This Order applies in relation to Northern Ireland and the Northern Ireland inshore region, and any activity carried on in Northern Ireland or the Northern Ireland inshore region, for which the Department of the Environment is the appropriate licensing authority under section 113(6) of the Marine and Coastal Act 2009[^f00002].

Interpretation

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• (1) In this Order—

• “the Act” means the Marine and Coastal Access Act 2009;

• “activity” means licensable marine activity[^f00003];

• “Commission Directive (EU) 2015/1127” means Commission Directive (EU) 2015/1127 of 10th July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and the Council on waste and repealing certain Directives;

• “disposal” has the meaning given by Article 3 of the Waste Framework Directive;

• “a European site” means—a European site within the meaning of regulation 9(1) of the Conservation (Nature Habitats, etc.) Regulations (Northern Ireland) 1995[^f00004]; anda European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007[^f00005];

• “exempt activity” has the meaning given by Article 4;

• “fishing operation” includes fishing for or taking shellfish but does not include an activity relating to the propagation or cultivation of shellfish;

• “harbour authority” has the meaning given by section 38(1) of the Harbours Act (Northern Ireland) 1970[^f00006];

• “licensing authority” means the appropriate licensing authority under section 113(6)(b) of the Act;

• “lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 1995[^f00007];

• “marine litter” means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment;

• “MCZ” means a marine conservation zone designated under section 13(1) of the Marine Act (Northern Ireland) 2013;

• “plan or project” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora[^f00008];

• “protected feature” has the meaning given by section 147(1) of the Act;

• “Ramsar site” means wetlands designated as internationally important under the Convention of Wetlands (Ramsar 1971)[^f00009];

• “shellfish” includes crustaceans and molluscs of any kind and any part of a shellfish;

• “waste” means anything that—is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Article 5(1) of that Directive; andis not excluded from the scope of that Directive by Article 2(1), 2(2) or 2(3) of that Directive; and , for this purpose Article 5(1) of that Directive is to be read as if the words “Member States shall take appropriate measures to ensure that” were omitted; and

• “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851.

• (2) A reference in this Order to a numbered item is a reference to that numbered item in section 66(1) of the Act (Licensable marine activities).

• (3) The Interpretation Act (Northern Ireland) 1954[^f00011] applies to this Order as it applies to an Act of the Assembly.

PART 2 — Exempt activities – general provisions

Exemption from need for marine licence

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• (1) A marine licence is not needed for an activity that is an exempt activity.

• (2) An activity is an exempt activity to the extent that—

• (a) it is an activity to which this Article applies[^f00012]; and

• (b) where the application of this Article to an activity is subject to a condition specified in Part 3, that condition is satisfied in relation to that activity.

• (3) But this is subject to paragraph (4) and Article 5.

• (4) Nothing in this Order makes an activity an exempt activity to the extent to which the carrying on of the activity is contrary to international law.

Activities relating to disposal or recovery of waste

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• (1) An activity carried on by an establishment or undertaking involving the disposal or recovery of waste is not an exempt activity unless conditions 1 to 3 are satisfied.

• (2) Condition 1 is that the establishment or undertaking is carrying out—

• (a) disposal of its own non-hazardous waste at the place of production; or

• (b) recovery of waste.

• (3) Condition 2 is that the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 13 of the Waste Framework Directive.

• (4) Condition 3 is that the establishment or undertaking must be registered with the licensing authority.

• (5) The licensing authority must maintain a register containing the name and address of any establishment or undertaking carrying on an exempt activity involving the disposal or recovery of waste in the licensing authority’s area.

• (6) The register may be kept in any form.

• (7) In this Article—

• (a) “establishment” and “undertaking” have the same meaning as in Articles 23 and 24 of the Waste Framework Directive;

• (b) “recovery” means any operation the principal result of which is the waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared for that function, in the plant or in the wider economy. Annex II to the Directive, as amended by Commission Directive (EU) 2015/1127, sets out a non-exhaustive list of recovery operations; and

• (c) “non-hazardous waste” has the same meaning as in the Waste Framework Directive.

PART 3 — Activities to which Article 4 applies and conditions

Interpretation of this Part

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• (1) In this Part, a reference to a numbered item is a reference to that numbered item in section 66(1) of the Act.

• (2) In this Part—

• (a) a reference to a “deposit” is a reference to a deposit falling within item 1 (deposits within UK marine licensing area etc), 2 (deposits from British vessels etc anywhere at sea etc), 3 (deposit from vehicle, vessel etc loaded in United Kingdom except Scotland or UK marine licensing area), or except as otherwise provided, 10 (deposit of explosives within UK marine licensing area etc);

• (b) a reference to a “dredging activity” is a reference to an activity falling within item 9 (dredging within UK marine licensing area);

• (c) a reference to a “removal activity” is a reference to an activity falling within item 8 (use of vehicle, vessel etc to remove substance or object from sea bed within UK marine licensing area); and

• (d) a reference to a “works activity” is a reference to an activity falling within item 7 (construction, alteration or improvement of works within UK marine licensing area etc).

Activities falling within Part 6 of the Merchant Shipping Act 1995

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Article 4 applies to an activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995[^f00013] (pollution etc).

Safety directions under the Merchant Shipping Act 1995

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Article 4 applies to an activity carried on—

• (a) by or on behalf of the Secretary of State in exercise of a power under Schedule 3A to the Merchant Shipping Act 1995[^f00014] (safety directions);

• (b) by any person for the purpose of complying with a direction under that Schedule; or

• (c) by any person for the purpose of avoiding interference with action taken by virtue of that Schedule.

Salvage activities

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Article 4 applies to an activity carried on, in the course of a salvage operation, for the purpose of ensuring the safety of a vessel or preventing pollution.

Fire fighting etc

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Article 4 applies to an activity carried on for the purpose of fighting, or preventing the spread of, any fire.

Air accident investigation

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Article 4 applies to a deposit or removal activity carried on for the purpose of recovering any substance or object as part of an investigation into any accident involving any aircraft.

Fishing operations

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• (1) Article 4 applies to any of the following activities if carried on in the course of a fishing operation—

• (a) the deposit of fishing gear, other than a deposit made for the purpose of disposal;

• (b) a removal activity or dredging activity carried on for the purpose of—

• (i) fishing for or taking fish; or

• (ii) removing fishing gear; or

• (c) the deposit by way of return to the sea of any fish or other object , provided that the fish or other object has not been landed before being so returned.

• (2) Article 4 also applies to the deposit by way of return to the sea of any fish during the course of fish processing at sea.

• (3) In this Article—

• (a) “fish” includes shellfish and any part of a fish; and

• (b) “fishing gear” includes gear used to fish for or take shellfish, but does not otherwise include anything used in connection with the propagation or cultivation of shellfish.

Shellfish propagation and cultivation

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• (1) Article 4 applies—

• (a) to the deposit of any shellfish, trestle, raft, cage, pole, rope , marker or line in the course of the propagation or cultivation of shellfish; and

• (b) to a removal activity or dredging activity carried on for the purpose of moving shellfish within the sea in the course of its propagation or cultivation.

• (2) But Article 4 does not apply—

• (a) to any such deposit made for the purpose of disposal;

• (b) to any such deposit made for the purpose of creating, altering or maintaining an artificial reef; or

• (c) to any such deposit that causes or is likely to cause obstruction or danger to navigation.

Discharge etc of offshore chemicals and oil

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

• (a) the Offshore Chemicals Regulations 2002[^f00015]; or

• (b) the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005[^f00016].

Deposits of marine chemical and marine oil treatment substances etc

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• (1) Article 4 applies—

• (a) to the deposit of any marine chemical treatment substance;

• (b) to the deposit of any marine oil treatment substance; or

• (c) to the deposit of any substance used or intended to be used for removing surface fouling matter from the surface of the sea or of the sea bed.

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

• (3) Condition 1 is that the substance must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.

• (4) Condition 2 is that the substance must be used in accordance with any conditions to which the approval is subject.

• (5) Condition 3 is that the deposit may only be made in accordance with an approval granted by the licensing authority for that purpose.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this Article, “marine chemical treatment substance” and “marine oil treatment substance” have the same meaning given by section 107(2) of the Act.

Deposit of equipment to control, contain or recover oil etc

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• (1) Article 4 applies to the deposit of any equipment for the purpose of controlling, containing or recovering any—

• (a) oil;

• (b) mixture containing oil;

• (c) chemical;

• (d) flotsam; or

• (e) algal bloom.

• (2) But Article 4 does not apply to a deposit to the extent that it falls within item 10.

Scientific instruments etc

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• (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 the deposit of any reagent;

• (c) to the deposit of any tracer; or

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

• (2) Paragraph (1) is subject to condition 1, and (as that paragraph relates to the deposit of a reagent or tracer) conditions 2 and 3.

• (2A) Condition 1 is that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.

• (3) Condition 2 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.

• (4) Condition 3 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.

• (5) But Article 4 does not apply—

• (a) to any such deposit made for the purpose of disposal;

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

• (c) to any such deposit or removal activity—

• (i) that falls within sub-paragraph (a), (b) or (c) of paragraph (6); and

• (ii) that is not directly connected with or necessary to the management of the site referred to in that sub-paragraph.

• (6) A deposit or removal activity falls within this paragraph if—

• (a) it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; ...

• (b) it is likely to have a significant effect on a Ramsar site ; or

• (c) it is capable of affecting (other than insignificantly)–

• (i) the protected features of an MCZ;

• (ii) any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.

Deposits in the course of aggregates or mineral dredging

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Article 4 applies—

• (a) to the deposit, on the site of dredging for aggregates or other minerals, of any substance or object taken from the sea in the course of such dredging (other than any of the aggregates or minerals being dredged); and

• (b) to the deposit of waters (whether by overflow or pumped discharge) from the hold of a vessel—

• (i) in the normal course of dredging for aggregates or other minerals; or

• (ii) at the site of such dredging following its completion or during the return journey of the vessel.

Maintenance of coast protection, drainage and flood defence works

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• (1) Article 4 applies to an activity carried on for the purpose of maintaining any—

• (a) coast protection works;

• (b) drainage works; or

• (c) flood defence works.

• (2) Paragraph (1) is subject to condition 1 and either condition 2 or 3.

• (2A) Condition 1 is that the activity must be carried on within the existing boundaries of the works being maintained.

• (2B) 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–

• (a) give notice of the intention to carry on the activity to the licensing authority before the activity is carried on; or

• (b) if the activity is carried on for the purpose of executing emergency works, the public authority must–

• (i) notify the licensing authority before the end of the period of 3 working days beginning with the date on which the activity commences; and

• (ii) the notification must set out the location of, the circumstances giving rise to and the nature of the emergency works.

• (2C) 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.

• (3) But Article 4 does not apply—

• (a) in relation to any such activity which consists of beach replenishment; or

• (b) to an activity that causes or is likely to cause obstruction or danger to navigation.

• (4) 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;