Schedule 1 Substitution of Schedule 1 (application bands and maximum fees)

The following Schedule is substituted as Schedule 1 to the Marine Licensing (Application Fees) Regulations 2014—

“Schedule 1

Application bands and maximum fees

Regulation 4

1

The bands and (where applicable) maximum fees are as follows—

Band	Description of application	Maximum fee
Band 1	Any application where paragraph 2(1) applies to the activity which relates to—
	(a) the burial of a body at sea; (b) erecting scaffolding for discrete maintenance projects; (c) removing poles, girders, joists and objects of a similar nature unattached to the seabed or any structure; (d) the deposit of a single scientific instrument (other than a seismic airgun), and equipment associated with such an instrument, in connection with any scientific experiment or survey, where that deposit 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; (e) activities related to the detection of unexploded ordnance; (f) the removal by a local planning authority, a harbour authority or the Environment Agency, or a person acting on behalf of such an authority or agency, of a vessel which is sunk or stranded, or which has been abandoned on the sea bed, where— (i) the vessel is, or is likely to become, a risk to the environment, safe navigation or health and safety; and (ii) paragraph 2(2) applies in relation to the removal; (g) the deposit of fireworks from a vehicle, vessel, marine structure or floating container for the purposes of a firework display by a local planning authority or a harbour authority, or by a person acting on behalf of such an authority, where paragraph 2(3) applies in relation to the deposit; (h) resurfacing a slipway; (i) repairing joints of any structure; (j) any activity of a similar minor nature.
Band 2	Any application where paragraph 2(1) applies to the activity, which does not fall, or which does not fall exclusively, within the description in Band 1, and which relates to a specified activity or activities which has, or (in the case of more than one activity) taken together have, an estimated cost ceiling within one of the following ranges—
Band 2A	less than £20,000	£2,950
Band 2B	£20,000 or more, but less than £75,000	£4,650
Band 2C	£75,000 or more, but less than £250,000	£9,290
Band 2D	£250,000 or more, but less than £1,000,000	£12,390
Band 3	Any other application	No maximum

2

(1)

This paragraph applies in relation to an activity which is not—

(a)

to be carried out in the course of an Annex I project;

(b)

to be carried out in the course of an Annex II project, if it is likely because of its size, nature or location to have significant effects on the environment;

(c)

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

(d)

capable of affecting (other than insignificantly)—

(i)

the protected features of an MCZ; or

(ii)

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

(e)

likely to have a significant effect on a Ramsar site; or

(f)

an activity with respect to which an environmental impact assessment is required by virtue of regulation 5 (requirement of assessment by agreement) of the EIA Regulations.

(2)

This paragraph applies in relation to the removal of a vessel if—

(a)

the vessel is located within one nautical mile of the baseline;

(b)

the vessel is not located within a highly protected marine area.

(3)

This paragraph applies in relation to the deposit of fireworks if—

(a)

the deposit of the fireworks does not take place in a highly protected marine area;

(b)

the deposit of the fireworks does not cause, and would not be likely to cause, obstruction or danger to navigation.

(4)

In this Schedule—

• “Annex I project” means a project of a type specified in Annex I to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment^f1;

• “Annex II project” means a project of a type specified in Annex II to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment;

• “EIA Regulations” means the Marine Works (Environmental Impact Assessment) Regulations 2007^f2;

• “environmental impact assessment” means an assessment under Part 3 of the EIA Regulations;

• “European site” means a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 2017^f3 or a “European offshore marine site” within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017^f4;

• “harbour authority” has the meaning given by section 57(1) of the Harbours Act 1964^f5;

• “highly protected marine area” means a marine conservation zone from time to time designated by an Order made under section 116 of the Act, the title of which includes “Highly Protected Marine Area”;

• “local planning authority” has the same meaning as in Part 1 of the Town and Country Planning Act 1990^f6;

• “MCZ” means a marine conservation zone from time to time designated by an Order made under section 116 of the Act;

• “plan or project” has the same meaning as in Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora^f7;

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

• “Ramsar site” means a site described in section 37A of the Wildlife and Countryside Act 1981^f8;

• “specified activity” means any activity falling within item 1 (deposits within the UK marine licensing area etc), 7 (construction, alteration or improvement of works etc) or 8 (use of vehicle to remove substances etc) of section 66(1) of the Act.”.