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The Marine Licensing (Exempted Activities) (Amendment) Order 2019

S.I. 2019/893 · Made 29 April 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Environmental Protection

Licensing (marine)

Marine Pollution

Made 29th April 2019

Laid before Parliament 30th April 2019

Coming into force 31st May 2019

The Secretary of State, as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) and (8) of the Marine and Coastal Access Act 2009, makes the following Order in exercise of the powers conferred by sections 74 and 316(1) of that Actf1.

In deciding to make this Order, the Secretary of State has had regard to the matters mentioned in section 74(4) of that Act.

The Secretary of State has carried out consultation in accordance with section 74(5) of that Act.

Annotations to the whole text

Footnotes

f1

2009 c. 23. Section 113 was amended by section 46(2) of the Wales Act 2017 (c. 4).

Contents

  1. 1Citation, commencement and application
  2. 2Amendment of the Marine Licensing (Exempted Activities) Order 2011
  3. 3Amendment of article 3
  4. 4Amendment of article 17
  5. 5Amendment of article 19
  6. 6Amendment of article 20
  7. 7Amendment of article 21
  8. 8Insertion of article 21A
  9. 9Insertion of article 24A
  10. 10Amendment of article 25
  11. 11Amendment of article 26A
  12. 12Insertion of article 27A
  13. 13Amendment of article 31
  14. 14Amendment of article 34
  15. Signature
  16. Explanatory note

1Citation, commencement and application

(1)

This Order may be cited as the Marine Licensing (Exempted Activities) (Amendment) Order 2019 and comes into force on 31st May 2019.

(2)

This Order applies in relation to any area, and to any licensable marine activityf1 carried on in that area, for which the Secretary of State is the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 2009f2.

2Amendment of the Marine Licensing (Exempted Activities) Order 2011

The Marine Licensing (Exempted Activities) Order 2011f1 is amended in accordance with articles 3 to 14.

3Amendment of article 3

In article 3 (interpretation), after the definition of “lighthouse authority” insert—

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

4Amendment of article 17

In article 17 (scientific instruments etc), in paragraph (5)(b) after “navigation” insert “, in particular where any such deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datumf1”.

5Amendment of article 19

In article 19 (maintenance of coast protection, drainage and flood defence works)—

(a)

for paragraph (1)(b) substitute—

“(b)

to an activity carried on by or on behalf of any of the following for the purpose of maintaining any coast protection worksf1—

(i)

a coast protection authority (within the meaning of Part 1 of the Coast Protection Act 1949f2);

(ii)

a local authority (within the meaning of section 68(9) of the Act);

(iii)

the Secretary of State for Defence”;

(b)

at the end insert—

“(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;

  • “coast protection works” includes—

    1. (a)

      beach re-profiling, which involves the movement of beach material in a cross-shore direction up or down the beach; and

    2. (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.”.

6Amendment of article 20

In article 20 (emergency works in response to flood or flood risk), for paragraph (2) substitute—

“(2)

Paragraph (1) is subject to the condition that—

(a)

the Environment Agency notifies the licensing authority of the emergency works before the end of the period of 168 hours beginning with the time when those works commence; and

(b)

the notification sets out the location of, the circumstances giving rise to and the nature of the emergency works.”.

7Amendment of article 21

In article 21 (use of vehicles to remove litter, seaweed or dead animals from beaches)—

(a)

in the heading, at the end insert “and intertidal areas”;

(b)

in paragraph (1), at the end insert “or intertidal area”;

(c)

after paragraph (4) insert—

“(4A)

In paragraph (1), “intertidal area” means the area between the level of mean high water spring tides and the level of mean low water spring tides.”.

8Insertion of article 21A

After article 21 insert—

“Recovery of marine litter etc.

21A.
(1)

Article 4 applies to the removal of the following during the course of diving activities—

(a)

marine litter; and

(b)

abandoned, discarded or lost fishing gear.

(2)

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

(a)

that is likely to cause damage to features of archaeological or historic interest in an area where the diving activities in question occur; or

(b)

that—

(i)

falls within paragraph (3); and

(ii)

is not directly connected with or necessary for the management of a site or zone (as the case may be) referred to in that 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;

(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.

(4)

In paragraph (3)(a) and (b), “likely” has the same meaning as in the Habitats Directivef1.”.

9Insertion of article 24A

After article 24 insert—

“Use of vehicles or vessels to remove marine litter and debris

24A.
(1)

Article 4 applies to a removal activity using a vehicle or vessel carried on by or on behalf of a Harbour Authority for the purpose of removing marine litter and debris from the area within its jurisdiction.

(2)

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

(a)

that is likely to cause damage to features of archaeological or historic interest in an area where the activities in question occur; or

(b)

that—

(i)

falls within paragraph (3); and

(ii)

is not directly connected with or necessary for the management of a site or zone (as the case may be) referred to in that 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;

(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.

(4)

In paragraph (3)(a) and (b), “likely” has the same meaning as in the Habitats Directive.”.

10Amendment of article 25

In article 25 (moorings and aids to navigation), in paragraph (2A), for “Paragraph” substitute “In the case of a person referred to in paragraph (2)(c), paragraph”.

11Amendment of article 26A

In article 26A (temporary markers), in paragraph (2), at the end insert “except where the activity consists of a deposit made for the purpose of placing a marker and the subsequent removal of that marker will take place within 24 hours of the deposit”.

12Insertion of article 27A

After article 27 insert—

“Deposit of a substance arising from the cleaning of vessels

27A.
(1)

Article 4 applies to the deposit of a substance removed from that part of the hull of a vessel which is normally submerged.

(2)

Paragraph (1) is subject to the condition that the removal of the substance is undertaken by hand, using only—

(a)

a soft cloth;

(b)

a sponge;

(c)

the bristles of a soft brush;

(d)

sandpaper, the grit size of which is at least P2000f1.”.

13Amendment of article 31

In article 31 (diver trails within restricted areas)—

(a)

the words from “a wreck within an area designated as a restricted area” to the end become paragraph (a);

(b)

after paragraph (a) insert—

“(b)

a monument designated as a scheduled monument under section 1 of the Ancient Monuments and Archaeological Areas Act 1979f1; or

(c)

an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986f2”.

14Amendment of article 34

In article 34 (cables and pipelines – authorised emergency inspection and repair)—

(a)

for paragraph (2) substitute—

“(2)

Paragraph (1) is subject to the condition that—

(a)

the person carrying out the emergency inspection or repair works (as the case may be) notifies the licensing authority before the end of the period of 24 hours beginning with the time when the emergency inspection or repair works commence; and

(b)

the notification sets out the location, the circumstances giving rise to and the nature of the emergency works.”;

(b)

in paragraph (3) at the end insert “or to any such deposit made for the purpose of providing cable or pipeline protection”.

Signature

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

29th April 2019

Explanatory note

(This note is not part of the Order)

This Order amends the Marine Licensing (Exempted Activities) Order 2011 (S.I. 2011/409) (“the 2011 Order”). The 2011 Order specifies licensable marine activities in respect of which a marine licence under Part 4 of the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”) is not required, whether subject to conditions or otherwise.

These amendments apply in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is the appropriate licensing authority under section 113 of the 2009 Act.

The amendments introduce three new exemptions from the requirement to hold a marine licence. Those relate to the recovery of marine litter etc. in the course of diving activities (article 8), permitting harbour authorities to use vehicles or vessels to remove marine litter and debris (article 9) and permitting the deposit of a substance removed from the hull of a vessel in the course of certain removal methods (article 12).

This Order also amends a number of the existing exemptions from the requirement to hold a marine licence set out in the 2011 Order by adding or amending conditions relating to those exemptions.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.