# The Marine Licensing (Application Fees) (Wales) Regulations 2011

W.S.I. 2011/555 · made 25 February 2011

These Regulations make provision in relation to the fees to be charged with respect to applications for marine licences in relation to which the Welsh Ministers are the appropriate licensing authority under the Marine and Coastal Access Act 2009.

Made under: Marine and Coastal Access Act 2009 (Section 67, Section 316)

PDFs: Printed copy https://openlegislation.uk/marine-licensing-application-fees-wales-regulations-2011/pdf/wsi_20110555_mi.pdf

## Introductory text

ENVIRONMENTAL PROTECTION, WALES
LICENSING (MARINE), WALES
MARINE POLLUTION, WALES
Made 25 February 2011
Laid before the National Assembly for Wales 1 March 2011
Coming into force 6 April 2011
The Welsh Ministers, as the appropriate licensing authority under section 113(4)(b) of the Marine and Coastal Access Act 2009, make the following Regulations in exercise of the powers conferred by sections 67(2), (3)(b) and 316(1)(b) of that Act.

## 1 Title and commencement

(1) The title of these Regulations is the Marine Licensing (Application Fees) (Wales) Regulations 2011.
(2) These Regulations come into force on 6 April 2011.

## 2 Application

These Regulations apply in relation to any application for a marine license in relation to which the Welsh Ministers are the appropriate licensing authority.

## 3 Interpretation

(1) In these Regulations—
“application for a marine licence” (“cais am drwydded forol”) means an application for a licence to carry on one or more licensable marine activities;
“environmentally sensitive area” (“ardal amgylcheddol sensitif”) means—
(a) a marine nature reserve, within the meaning given by section 36 of the Wildlife and Countryside Act 1981;
(b) a Ramsar site, within the meaning given by section 37A of the Wildlife and Countryside Act 1981;
(c) a site of special scientific interest within the meaning given by section 28 of the Wildlife and Countryside Act 1981;
(d) a special area of conservation, within the meaning given by Article 1(l) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive);
(e) a special protection area, within the meaning given by the Conservation of Habitats and Species Regulations 2010;
“environmental sensitivity supplement” (“tâl atodol sensitifrwydd amgylcheddol”) means a supplement to the fee payable in relation to certain applications for a marine licence;
“fee” (“ffi”) means the fee payable for determining an application for a marine licence.
(2) In these Regulations a reference to a numbered table is a reference to the table bearing that number in the Schedule.

## 4 Payment and recovery of fees

(1) All fees are payable to the Welsh Ministers.
(2) All fees are payable on demand.
(3) Payment of any fee may be made by electronic means.
(4) A fee is received by the Welsh Ministers when they are in possession of cleared funds for the whole amount of the fee.
(5) Any unpaid fee or part of any fee is recoverable by the Welsh Ministers as a civil debt.

## 5 Construction projects

(1) In the case of an application for a marine licence that relates to a construction project that does not fall within regulation 9 (offshore renewable energy projects), the fee is determined by reference to the scale of fees set out in table 1.
(2) But, except in the case of an application to which band 1 of table 1 applies, paragraph (1) is subject to paragraph (3).
(3) Where one or more of the licensable marine activities which form the subject matter of the application referred to in paragraph (1), is to be carried on in or near an environmentally sensitive area, an environmental sensitivity supplement is payable.
(4) Where an environmental sensitivity supplement is payable, the amount of the supplement is determined by reference to the amounts set out in table 2.

## 6 Disposal — marine dredging

(1) In the case of an application for a marine licence that relates to the disposal of dredged material, which does not fall within paragraph (4), the fee is determined by reference to the scales of fees set out in table 3.
(2) Where the dredged material referred to in paragraph (1) comes from capital dredging, the scale of fees in the third column of table 3 applies.
(3) Where the dredged material referred to in paragraph (1) comes from maintenance dredging, the scale of fees in the fourth column of table 3 applies.
(4) In the case of an application for a marine licence which relates to the disposal, for beneficial use, of dredged material, the fee is determined by reference to the scale of fees set out in table 4.
(5) But paragraph (4) is subject to paragraph (6).
(6) Where one or more of the licensable marine activities which form the subject matter of the application referred to in paragraph (4), is to take place in or near an environmentally sensitive area, an environmental sensitivity supplement is payable.
(7) Where an environmental sensitivity supplement is payable, the amount of the supplement is determined by reference to the amounts set out in table 2, subject to the modification in paragraph (8).
(8) Where paragraph (7) applies, a reference to project cost in table 2 is to be read as a reference to the cost of the project from which the dredged material to be disposed of, comes.
(9) In this regulation—
“beneficial use” (“defnydd llesiannol”) means use which is beneficial to the environment;
“dredged material” (“deunydd a dreillir”) means any substance or object which comes from marine dredging.

## 7 Disposal — fish waste

Where an application for a marine licence relates to the disposal of fish waste, the fee is determined by reference to table 5.

## 8 Extraction of minerals by marine dredging

(1) In the case of an application for a marine licence which relates to the extraction of minerals by marine dredging, the fee is determined by reference to the second column of table 6.
(2) But paragraph (1) is subject to paragraph (3).
(3) Where the determination of an application for a marine licence under paragraph (1) involves the holding of an inquiry, the fee set out in the third column of that table is payable in addition to the fee referred to in paragraph (1).

## 9 Offshore renewable energy projects

In the case of an application for a marine licence which relates to an offshore renewable energy project, the fee is determined by reference to the scale of fees set out in table 7.

## 10 Submarine pipelines and associated structures

In the case of an application for a marine licence which relates to a submarine pipeline or associated structure, and falls within a description in the first column of table 8, the appropriate fee is determined by reference to the second column of that table.

## 11 Tracers and dyes

In the case of an application for a marine licence which relates to the deposit of tracers or dyes, the fee is determined by reference to table 9.

## 12 Moorings and navigation aids

In the case of an application for a marine licence which relates to simple moorings or navigation aids, the fee is determined by reference to table 10.

## Signature

Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
25 February 2011

## 

Table 1
Construction projects
Band
Project cost (£)
Fee (£)
1
0 to 5,499
127
2
5,500 to 9,999
715
3
10,000 to 49,999
1,025
4
50,000 to 1,999,999
2,275
5
2 million to 4,999,999
4,525
6
5 million to 19,999,999
7,191
7
20 million to 49,999,999
12,010
8
50 million and above
38,650
Table 2
Environmental sensitivity supplement
Band
Project cost (£)
Supplement (£)
1
5,500 to 9,999
275
2
10,000 to 49,999
575
3
50,000 to 1,999,999
950
4
2 million to 4,999,999
1,350
5
5 million to 19,999,999
1,605
6
20 million to 49,999,999
1,720
7
50 million and above
2,750
Table 3
Disposal of dredged material (other than for beneficial use)
Band
Disposal amount (tonnes)
Fee (£) Capital
Fee (£) Maintenance
1
0 to 9,999
4,500
3,650
2
10,000 to 49,999
9,100
7,225
3
50,000 to 99,999
12,800
9,950
4
100,000 to 499,999
19,850
15,950
5
500,000 to 999,999
28,850
22,050
6
1,000,000 and above
43,500
34,750
Table 4
Disposal of dredged material for beneficial use
Band
Disposal amount (tonnes)
Fee (£)
1
0 to 99,999
715
2
100,000 to 999,999
2,275
3
1,000,000 and above
4,525
Table 5
Disposal of fish waste
Disposal amount
Fee (£)
Any
2,995
Table 6
Extraction of minerals by marine dredging
Application
Fee (£)
Additional fee where inquiry to be held(£)
Extraction of minerals by marine dredging
27,500
15,000
Table 7
Offshore renewable energy projects
Band
Generating capacity (megawatts)
Fee (£)
Band 1
0 to 0.99MW
2,000
Band 2
1 to 4.99MW
6,000
Band 3
5 to 99MW
26,222
Band 4
100MW and above
38,650
Table 8
Submarine pipelines and associated structures
Application
Fee (£)
Pre-sweep
10,670
Rock dumping
2,275
Mattressing
2,275
Well or pipe sealing (on abandonment)
2,275
Table 9
Deposit of tracers and dyes
Application
Fee (£)
Deposit of tracers
83
Deposit of dyes
83
Table 10
Moorings and navigation aids
Application
Fee (£)
Simple moorings
127
Navigation aids
127

## Explanatory note

(This note is not part of the Regulations)
These Regulations make provision in relation to the fees to be charged with respect to applications for marine licences in relation to which the Welsh Ministers are the appropriate licensing authority under the Marine and Coastal Access Act 2009.
Regulation 3 defines certain terms used in the Regulations.
Regulation 4 provides for the payment and recovery of fees.
Regulations 5 to 12 and the Schedule make provision for determining the fees to be charged with respect to applications for marine licences of a description falling within those regulations.
A full impact assessment of the effect of the marine licensing system established under the Marine and Coastal Access Act 2009 has been prepared and is available from the Marine Consents Unit, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ or at the Welsh Assembly Government website at www.wales.gov.uk.

---
Source: https://www.legislation.gov.uk/wsi/2011/555 (the official version)
Page: https://openlegislation.uk/marine-licensing-application-fees-wales-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.