Article 3 InterpretationI1

In this Order—

• “the Act” means the Marine and Coastal Access Act 2009;

• “activity” means licensable marine activity^f1;

• F1“Commission Directive (EU) 2015/1127” means Commission Directive (EU) 2015/1127 of 10th July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and the Council on waste and repealing certain Directives;

• “disposal” has the meaning given by Article 3 of the Waste Framework Directive;

• “a European site” means—

  1. (a)

     a European site within the meaning of regulation 9(1) of the Conservation (Nature Habitats, etc.) Regulations (Northern Ireland) 1995^f2; and

  2. (b)

     a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007^f3;

• “exempt activity” has the meaning given by Article 4;

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

• “harbour authority” has the meaning given by section 38(1) of the Harbours Act (Northern Ireland) 1970^f4;

• “licensing authority” means the appropriate licensing authority under section 113(6)(b) of the Act;

• “lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 1995^f5;

• F2“marine litter” means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment;

• “MCZ” means a marine conservation zone designated under section 13(1) of the Marine Act (Northern Ireland) 2013;

• “plan or project” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora^f6;

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

• “Ramsar site” means wetlands designated as internationally important under the Convention of Wetlands (Ramsar 1971)^f7;

• “shellfish” includes crustaceans and molluscs of any kind and any part of a shellfish;

• “waste” means anything that—

  1. (a)

     is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Article 5(1) of that Directive; and

  2. (b)

     is not excluded from the scope of that Directive by Article 2(1), 2(2) or 2(3) of that Directive; and F3,

  for this purpose Article 5(1) of that Directive is to be read as if the words “Member States shall take appropriate measures to ensure that” were omitted; and

• F4“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851.

A reference in this Order to a numbered item is a reference to that numbered item in section 66(1) of the Act (Licensable marine activities).

The Interpretation Act (Northern Ireland) 1954^f8 applies to this Order as it applies to an Act of the Assembly.