The Marine Licensing (Exempted Activities) (Wales) Order 2011
| Jurisdiction | Wales |
| Citation | SI 2011/559 (W81) |
| Year | 2011 |
2011 No. 559 (W.81)
ENVIRONMENTAL PROTECTION, WALES
LICENSING (MARINE), WALES
MARINE POLLUTION, WALES
The Marine Licensing (Exempted Activities) (Wales) Order 2011
Made 25th February 2011
Laid before the National Assembly for Wales 1st March 2011
Coming into force 6th April 2011
The Welsh Ministers, as the appropriate licensing authority under section 113(4)(b) of the Marine and Coastal Access Act 20091, make the following Order in exercise of the powers conferred by sections 74(1), (2) and (3) and 316(1) of that Act, and by section 2(2) of the European Communities Act 19722.
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the prevention, reduction and management of waste3.
In deciding to make this Order, the Welsh Ministers have had regard to the matters mentioned in section 74(4) of the Marine and Coastal Access Act 2009.
The Welsh Ministers have carried out a consultation in accordance with section 74(5) of that Act.
PART 1
Introductory provisions
Title and commencement
1.—(1) The title of this Order is the Marine Licensing (Exempted Activities) (Wales) Order 2011.
(2) This Order comes into force on 6 April 2011.
Application
2. This Order applies in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 20094.
Interpretation
3. In this Order—
“the Act” (“y Ddeddf”) means the Marine and Coastal Access Act 2009;
“activity” (“gweithgaredd”) means licensable marine activity5;
“disposal” (“gwaredu”) has the meaning given by Article 3 of the Waste Framework Directive;
“European site” (“safle Ewropeaidd”) means—
(a) a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 20106; and
(b) a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats & c) Regulations 20077;
“exempt activity” (“gweithgaredd esempt”) has the meaning given by article 4;
“fishing operation” (“gweithred bysgota”) includes fishing for or taking shellfish but does not include an activity relating to the propagation or cultivation of shellfish;
“harbour authority” (“awdurdod harbwr”) has the meaning given by section 57(1) of the Harbours Act 19648;
“licensing authority” (“awdurdod trwyddedu”) means the Welsh Ministers as the appropriate licensing authority under section 113(4)(b) of the Act;
“lighthouse authority” (“awdurdod goleudy”) means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 19959;
“plan or project” (“cynllun neu brosiect”) has the same meaning as in Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora10;
“Ramsar site” (“safle Ramsar”) has the same meaning as in section 37A of the Wildlife and Countryside Act 198111;
“shellfish” (“pysgod cregyn”) includes crustaceans and molluscs of any kind and any part of a shellfish;
“waste” (“gwastraff”) means anything that—
(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
(b) is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;
“the Waste Framework Directive” (“y Gyfarwyddeb Fframwaith Gwastraff”) means Directive 2008/98/ECof the European Parliament and of the Council on waste12.
PART 2
Exempt activities – general provisions
Exemption from need for marine licence
4.—(1) A marine licence is not needed for an activity carried on in Wales or the Welsh inshore region that is an exempt activity.
(2) An activity is an exempt activity to the extent that—
(a)
(a) it is an activity to which this article applies13; and
(b)
(b) where the application of this article to an activity is subject to a condition specified in Part 3, that condition is satisfied in relation to that activity.
(3) But this is subject to paragraph (4) and article 5.
(4) Nothing in this Order makes an activity an exempt activity to the extent to which the carrying on of the activity is contrary to international law.
Activities relating to disposal or recovery of waste
5.—(1) An activity carried on by an establishment or undertaking involving the disposal or recovery of waste is not an exempt activity unless the conditions in this article are satisfied.
(2) Condition 1 is that the establishment or undertaking is carrying out—
(a)
(a) disposal of its own non-hazardous waste at the place of production; or
(b)
(b) recovery of waste.
(3) Condition 2 is that the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 13 of the Waste Framework Directive.
(4) Condition 3 is that the establishment or undertaking must be registered with the licensing authority.
(5) The licensing authority must, for the purposes of paragraph (4), maintain a register containing the name and address of any establishment or undertaking carrying on an exempt activity involving the disposal or recovery of waste in the licensing authority’s area.
(6) The register may be kept in any form.
(7) In this article—
(a)
(a) “establishment” and “undertaking” have the same meaning as in articles 23 and 24 of the Waste Framework Directive;
(b)
(b) “non-hazardous waste” has the same meaning as in the Waste Framework Directive;
(c)
(c) “recovery” has the meaning given by Article 3 of the Waste Framework Directive.
PART 3
Activities to which article 4 (exemption from need for marine licence) applies, and conditions
Interpretation of this Part
6.—(1) In this Part, a reference to a numbered item is a reference to that numbered item in section 66(1) of the Act.
(2) In this Part—
(a)
(a) a reference to a “deposit” is a reference to a deposit falling within item 1 (deposits within the UK marine licensing area etc), item 2 (deposits from British vessels etc anywhere in the sea etc), item 3 (deposit from vehicle, vessel etc loaded in the United Kingdom except Scotland or the UK marine licensing area) or, except as otherwise provided, item 10 (deposit of explosives within the UK marine licensing area etc);
(b)
(b) a reference to a “dredging activity” is a reference to an activity falling within item 9 (to carry out any form of dredging within the UK marine licensing area etc);
(c)
(c) a reference to a “removal activity” is a reference to an activity falling within item 8 (use of a vehicle, vessel etc to remove a substance or object from the sea bed within the UK marine licensing area);
(d)
(d) a reference to a “works activity” is a reference to an activity falling within item 7 (construction, alteration or improvement of works within the UK marine licensing area etc).
Activities falling within Part 6 of the Merchant Shipping Act 1995
7. Article 4 applies to an activity falling within the subject matter of Part 6 of the Merchant Shipping Act 199514(prevention of pollution).
Safety directions under the Merchant Shipping Act 1995
8. Article 4 applies to an activity carried on–
(a) by or on behalf of the Secretary of State in exercise of a power under Schedule 3A to the Merchant Shipping Act 199515(safety directions);
(b) by any person for the purpose of complying with a direction under that Schedule; or
(c) by any person for the purpose of avoiding interference with action taken by virtue of that Schedule.
Salvage activities
9. Article 4 applies to an activity carried on, in the course of a salvage operation, for the purpose of ensuring the safety of a vessel or preventing pollution.
Fire fighting etc
10. Article 4 applies to an activity carried on for the purpose of fighting, or preventing the spread of, any fire.
Air accident investigation
11. Article 4 applies to a deposit or removal activity carried on for the purpose of recovering any substance or object as part of an investigation into any accident involving an aircraft.
Fishing operations
12.—(1) Article 4 applies to any of the following activities if carried on in the course of a fishing operation—
(a)
(a) the deposit of fishing gear, other than a deposit made for the purpose of disposal;
(b)
(b) a removal activity or dredging activity carried on for the purpose of—
(i) fishing for or taking fish, or
(ii) removing fishing gear;
(c)
(c) the deposit by way of return to the sea of any fish or other object.
(2) Article 4 also applies to the deposit by way of return to the sea of any fish during the course of fish processing at sea.
(3) In this article—
(a)
(a) “fish” includes shellfish and any part of a fish;
(b)
(b) “fishing gear” includes gear used to fish for or take shellfish, but does not otherwise include anything used in connection with the propagation or cultivation of shellfish.
Shellfish propagation and cultivation
13.—(1) Article 4 applies to—
(a)
(a) the deposit of any shellfish, trestle, raft, cage, pole, rope or line in the course of the propagation or cultivation of shellfish;
(b)
(b) a removal activity or dredging activity carried on for the purpose of moving shellfish within the sea in the course of its propagation or cultivation.
(2) But article 4 does not apply to any such deposit–
(a)
(a) made for the purpose of disposal;
(b)
(b) made for the purpose of creating, altering or...
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