Marine licence exemptions - concept 2

1.1 Mooring and aids to navigation

Harbour authorities and lighthouse authorities do not need a licence to deposit or remove piled or swinging/trot moorings or aids to navigation (such as marker buoys). People carrying out such activities with the consent, required from, and granted by, a harbour authority or lighthouse authority do not need a licence either.

This is covered by Article 24 of the Marine Licensing (Exempted Activities) (Wales) Order 2011.

This exemption does not apply to the deposit or construction of pontoons.

1.2 Markers for European Marine Sites

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1.3 Diver trails within restricted waters

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2.1 Use of vehicles to remove litter or seaweed from beaches

Using a vehicle to remove litter or seaweed from a beach does not require a licence provided the activity is carried out by or on behalf of a local authority. The exemption does not apply if the activity is likely to have a significant effect on a Marine protected area unless it is directly in connection with or necessary to the management of that site.

This is covered by Article 20 of the Marine Licensing (Exempted Activities) (Wales) Order 2011.

3.1 Scientific instruments

In many cases a licence will not be required to deposit scientific instruments or associated equipment in connection with any scientific experiment or survey at sea (or to subsequently remove it).

A licence is not required for the deposit of reagents or tracers that have been approved by Natural Resources Wales acting on behalf of the licencing authorities, but must be used in accordance with any conditions.

This exemption does not apply to;

• any deposit made for the purpose of disposal,
• any deposit that may cause or is likely to cause obstruction or danger to navigation
• any deposit or removal that is likely to have a significant effect on a marine protected area (unless directly connected with or necessary to the management of that site)

In addition we consider the exemption does not apply to:

• any related construction works, for example to build a structure at sea to contain scientific equipment
• any dredging –which is considered as any activity using any device to move material from one part of the seabed to another (as defined in section 66(2) of the Marine and Coastal Access Act 2009)

Administrative actions required:

We advise that you contact the local harbour authority, Trinity House (Navigation.directorate@trinityhouse.co.uk) and the Maritime and Coastguard Agency (navigationsafety@mcga.gov.uk) in order to ensure that the activity will not cause an obstruction or danger to navigation,

We advise that you contact the Marine Area Advice and Management Team (marine.advice@cyfoethnaturiolcymru.gov.uk) in order to ensure that the deposit or removal is not likely to significantly affect a marine protected area.

This is covered by <Article 16 of the Marine Licensing (Exempted Activities) (Wales) Order 2011>.

4.1 Maintenance of coast protection, drainage and flood defence works

A licence is not required for an activity carried out by, or on behalf of Natural Resources Wales for maintaining coast protection works, drainage works or flood defence works. A licence is also not required for an activity carried out by or on behalf of the coast protection authority (usually the local authority) for the purpose of maintaining coastal protection works.

The exemption is subject to the condition that the activity is carried out within the existing boundaries of the works being maintained. It does not apply to any activity that consists of beach replenishment.

This is covered by <Article 18 of the Marine Licensing (Exempted Activities) (Wales) Order 2011>.

4.2 Maintenance of harbour works

A licence is not required for the deposit, removal or works activity carried on by or on behalf of a harbour authority for the purpose of maintaining any harbour works. The exemption is subject to the condition that the activity is carried out within the existing boundaries of the works being maintained.

This is covered by <Article 22 of the Marine Licensing (Exempted Activities) (Wales) Order 2011>.

5.1 Exemptions for certain dredging activities

A marine licence is not required when dredging activity or disposal of spoil arising from that activity is carried out by or on behalf of a harbour authority and is authorised by and carried out in accordance with any local Act or Harbours Act 1964.

If the activity includes the recovery or disposal of dredged material the following conditions must also be met;

• the dredge and disposal activity involves the relocation of sediments inside surface waters
• the purpose of the deposit is for one of the following:
  • managing waters or waterways,
  • preventing floods
  • mitigating the effects of floods or droughts
  • land reclamation
• it is proved to the satisfaction of Natural Resources Wales acting on behalf of the licensing authority that the sediments are not hazardous waste

This is covered by Section 75 of the Marine and Coastal Access Act (2009).