# The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011 (S.R. 2011 No. 78) (“the Principal Order”). The Principal Order specifies activities that do not need a marine licence, or do not need a marine licence if conditions specified in the Principal Order are satisfied.
This Order (like the Principal Order) applies in relation to any area, and any licensable marine activity taking place in that area, in relation to which the Department of Agriculture, Environment and Rural Affairs is the appropriate licensing authority by virtue of section 113(6)(b) of the Marine and Coastal Access Act 2009.
The functions of the licensing authority formerly rested with the Department of the Environment which was dissolved by section 1(9) of the Departments Act (Northern Ireland) 2016 (c. 5 N.I.) and, by virtue of Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76), its functions for the purposes of this Order were transferred to the Department of Agriculture, Environment and Rural Affairs.
Article 3 of the Order inserts definitions for “marine litter” and “MCZ” in the Principal Order.
Article 4 amends the exemption for fishing operations (Article 12 of the Principal Order) to require that fish or other objects have not been first landed before being returned to the sea.
Article 5 amends the exemption for shellfish propagation and cultivation (Article 13 of the Principal Order) to include the deposit of a marker.
Article 6 amends the exemption for the deposit of marine chemical and marine oil treatment substances etc. (Article 15 of the Principal Order) by requiring that the deposit may only be made in accordance with an approval granted by the licensing authority for that purpose.
Article 7 amends the exemption for scientific instruments etc. (Article 17 of the Principal Order) by inserting a condition that notice of the intention to carry on the activity must be given to the licensing authority before the activity can be undertaken. It amends the circumstances in which the exemption does not apply.
Article 8 inserts new exemptions as Articles 17A and 17B into the Principal Order. Article 17A relates to a removal activity carried on for the purposes of taking a sample for testing and analysis. Article 17B relates to a removal activity carried on for the purpose of removing objects accidentally deposited on the seabed.
Article 9 amends the exemption for the maintenance of coast protection, drainage and flood defence works (Article 19 of the Principal Order) by requiring that the activity must be carried on within the existing boundaries of the works being maintained. Public bodies must give notice of the intention to carry on the activity to the licensing authority. In the case of emergency work, public bodies must notify the licensing authority within 3 working days of the date the activity commenced. The notice must set out the location of, the circumstances giving rise to and the nature of the emergency works. Non-public bodies must obtain approval from the licensing authority before the activity is carried on in all circumstances.
Article 10 amends the exemption for emergency works in response to flood or flood risk (Article 20 of the Principal Order) by requiring that the licensing authority must be notified with 3 working days of the date the activity commenced and that the notification must set out the location of, the circumstances giving rise to and the nature of the emergency work.
Article 11 amends the exemption for the use of vehicles to remove litter or seaweed from beaches (Article 21 of the Principal Order) by specifying an additional activity (the removal of dead animals). Prior notice must be given to the licensing authority before this activity can be carried out. The area within which the activities specified in Article 21 may be carried out has been extended to include the intertidal area.
Article 12 inserts a new exemption as Article 21A into the Principal Order which relates to the recovery of marine litter and abandoned, discarded or lost fishing gear in the course of diving activities.
Article 13 inserts a new exemption as Article 24A into the Principal Order which relates to the use of vehicles or vessels by Harbour Authorities to remove marine litter and debris.
Article 14 inserts new exemptions as Articles 25A and 25B into the Principal Order. Article 25A relates to the placement of markers for European marine sites and marine conservation zones. Article 25B relates to the placement of temporary markers which must be removed within a period of 28 days starting with the date on which they are placed and which do not cause an obstruction to navigation or impact on protected areas.
Article 15 inserts a new exemption as Article 27A into the Principal Order. Article 27A permits the deposit of a substance removed from the hull of a vessel in the course of certain removal methods.
Article 16 amends the exemption for diver trails within restricted areas (Article 29 of the Principal Order). It extends the circumstances under which the requirement for a marine licence is not required.
Guidance on the application of this Order can be obtained from the Marine Licensing Team, Marine and Fisheries Division, Department of Agriculture, Environment and Rural Affairs, Klondyke Building, Gasworks Business Park, Belfast BT7 2JA.

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Source: https://www.legislation.gov.uk/nisr/2022/68/note (the official version)
Page: https://openlegislation.uk/marine-licensing-exempted-activities-amendment-order-northern-ireland-2022/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.