Legalize / United Kingdom / Wales / Welsh-Statutory-Instrument

The Marine Licensing (Exempted Activities) (Wales) Order 2011

Type Welsh-Statutory-Instrument

Publication 2011-02-25

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

articles 9

Reform history JSON API PDF

Made: 25 February 2011

Laid before the National Assembly for Wales: 1 March 2011

Coming into force: 6 April 2011

The Welsh Ministers have carried out a consultation in accordance with section 74(5) of that Act.

PART 1 — Introductory provisions

Title and commencement

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(1) The title of this Order is the Marine Licensing (Exempted Activities) (Wales) Order 2011.

(2) This Order comes into force on 6 April 2011.

Application

2

This Order applies in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 2009[^f00004].

Interpretation

3

In this Order—

“the Act” (“y Ddeddf”) means the Marine and Coastal Access Act 2009;

“activity” (“gweithgaredd”) means licensable marine activity[^f00005];

“disposal” (“gwaredu”) has the meaning given by Article 3 of the Waste Framework Directive;

“European site” (“safle Ewropeaidd”) means—a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 2017; and “European offshore marine site” within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

“exempt activity” (“gweithgaredd esempt”) has the meaning given by article 4;

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

“harbour authority” (“awdurdod harbwr”) has the meaning given by section 57(1) of the Harbours Act 1964[^f00008];

“licensing authority” (“awdurdod trwyddedu”) means the Welsh Ministers as the appropriate licensing authority under section 113(4)(b) of the Act;

“lighthouse authority” (“awdurdod goleudy”) means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 1995[^f00009];

“plan or project” (“cynllun neu brosiect”) has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora[^f00010];

“Ramsar site” (“safle Ramsar”) has the same meaning as in section 37A of the Wildlife and Countryside Act 1981[^f00011];

“shellfish” (“pysgod cregyn”) includes crustaceans and molluscs of any kind and any part of a shellfish;

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 carried on in Wales , the Welsh inshore region or the Welsh offshore region 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 [^f00013]; 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 the conditions in this article 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 Natural Resources Body for Wales.

(5) The Natural Resources Body for Wales must, for the purposes of paragraph (4), 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) “non-hazardous waste” has the same meaning as in the Waste Framework Directive;

PART 3 — Activities to which article 4 (exemption from need for marine licence) 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 the UK marine licensing area etc), item 2 (deposits from British vessels etc anywhere in the sea etc), item 3 (deposit from vehicle, vessel etc loaded in the United Kingdom except Scotland or the UK marine licensing area) or, except as otherwise provided, item 10 (deposit of explosives within the UK marine licensing area etc);

(b) a reference to a “dredging activity” is a reference to an activity falling within item 9 (to carry out any form of dredging within the UK marine licensing area etc);

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

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

Activities falling within Part 6 of the Merchant Shipping Act 1995

7

Article 4 applies to an activity falling within the subject matter of Part 6 of the Merchant Shipping Act 1995[^f00014] (prevention of pollution).

Safety directions under the Merchant Shipping Act 1995

8

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[^f00015] (safety directions);

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

Salvage activities

9

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

10

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

Air accident investigation

11

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 an 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;

(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;

(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 to—

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

(b) 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 to any such deposit–

(a) made for the purpose of disposal;

(b) made for the purpose of creating, altering or maintaining an artificial reef; or

Deposit of marine chemical and marine oil treatment substances etc

14

(1) Article 4 applies to the deposit of any–

(a) marine chemical treatment substance;

(b) marine oil treatment substance;

(c) 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 4.

(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 no deposit may be made in an area of the sea of a depth of less than 20 metres or within one nautical mile of any such area except with the approval of the licensing authority.

(6) Condition 4 is that no deposit of any marine chemical treatment substance or marine oil treatment substance may be made below the surface of the sea except with the approval of the licensing authority.

(7) In this article, “marine chemical treatment substance” and “marine oil treatment substance” have the same meaning as in section 107(2) of the Act.

Deposit of equipment to control, contain or recover oil etc

15

(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,

(d) flotsam, or

(e) algal bloom.

(2) But article 4 does not apply to any such 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;

(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) Sub-paragraphs (b) and (c) of paragraph (1) are subject to conditions 1 and 2.

(3) Condition 1 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 2 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 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;

(i) that falls within sub-paragraph (a) or (b) 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; or

(b) it is likely to have an effect on a Ramsar site.

(7) In sub-paragraphs (a) and (b) of paragraph (6), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora[^f00016].

Deposits in the course of aggregates or mineral dredging

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(1) 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);

(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

18

(1) Article 4 applies—

(a) to an activity carried on by or on behalf of the Natural Resources Body for Wales or the Environment Agency for the purpose of maintaining any—

(i) coast protection works;

(ii) drainage works;

(iii) flood defence works;

(b) to an activity carried on by or on behalf of a coast protection authority (within the meaning of the Coast Protection Act 1949[^f00017]) for the purpose of maintaining any coast protection works.

(2) Paragraph (1) is subject to the condition that the activity is carried on within the existing boundaries of the works being maintained.

(3) Article 4 does not apply in relation to any such activity that consists of beach replenishment.

Emergency works in response to flood or flood risk

19

(1) Article 4 applies to an activity carried on by or on behalf of the Natural Resources Body for Wales or the Environment Agency for the purpose of executing emergency works in response to any flood or the imminent risk of any flood.

(2) Paragraph (1) is subject to the condition that the activity may only be carried on in accordance with an approval granted by the licensing authority for that purpose.

Use of vehicles to remove litter or seaweed from beaches

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(1) Article 4 applies to a removal activity using a vehicle, carried on by or on behalf of a local authority, for the purpose of removing any litter or seaweed from a beach.

(2) But article 4 does not apply to any such removal activity—

(a) that falls within sub-paragraph (a) or (b) of paragraph (3); and

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

(3) An 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; or

(b) it is likely to have a significant effect on a Ramsar site.

(4) In paragraph (1), “local authority” has the meaning given by section 68(9) of the Act.

(5) In paragraph (3)(a) and (b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

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(1) Article 4 applies to the deposit from a vehicle, vessel, aircraft or marine structure in the course of its normal navigation or maintenance.

(2) But article 4 does not apply to any such deposit–

(a) made for the purpose of disposal;

(b) to the extent that it falls within item 10.

Maintenance of harbour works

22

(1) Article 4 applies to a deposit, removal activity or works activity carried on by or on behalf of a harbour authority for the purpose of maintaining any harbour works.

(2) Paragraph (1) is subject to the condition that the activity is carried on within the existing boundaries of the works being maintained.

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