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

Publication Date:January 01, 2019
 
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2019No. 893

ENVIRONMENTAL PROTECTION

LICENSING (MARINE)

MARINE POLLUTION

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

Made29thApril2019

Laid before Parliament30thApril2019

Coming into force31stMay2019

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 Act( 1).

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.

Citation, commencement and application

1.—(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 activity( 2) 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 2009( 3).

Amendment of the Marine Licensing (Exempted Activities) Order 2011

2. The Marine Licensing (Exempted Activities) Order 2011( 4) is amended in accordance with articles 3 to 14.

Amendment of article 3

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;”.

Amendment of article 17

4. 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 Datum( 5).

Amendment of article 19

5. 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 works( 6)

(i) a coast protection authority (within the meaning of Part 1 of the Coast Protection Act 1949( 7));

(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—

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

(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.”.

Amendment of article 20

6. 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.”.

Amendment of article 21

7. 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.”.

Insertion of article 21A

8. 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 Directive( 8).”.

Insertion of article 24A

9. 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.”.

Amendment of article 25

10. 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”.

Amendment of article 26A

11. In article 26A (temporary...

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