The Marine Licensing (Exempted Activities) (Amendment) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/526 |
| Year | 2013 |
2013 No. 526
Environmental Protection
Licensing (marine)
Marine Pollution
The Marine Licensing (Exempted Activities) (Amendment) Order 2013
Made 6th March 2013
Laid before Parliament 11th March 2013
Coming into force 6th April 2013
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 20091, makes the following Order in exercise of the powers conferred by sections 74(1), (2) and (3) and 316(1) of that Act.
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 2013 and comes into force on 6th April 2013.
(2) This Order applies in relation to any area, and any licensable marine activity 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 20092.
Amendment of the Marine Licensing (Exempted Activities) Order 2011
2. The Marine Licensing (Exempted Activities) Order 20113is amended in accordance with articles 3 to 13.
Amendment of article 3
3. In article 3 (interpretation)—
(a) after the definition of “exempt activity” insert—
““the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora4;”;
(b) in the definition of “plan or project”, for “Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora” substitute “the Habitats Directive”.
Amendment of article 13
4. In article 13 (shellfish propagation and cultivation)—
(a) in paragraph (1)(a), after “rope” insert “, marker”;
(b) after paragraph (1) insert—
“1A Paragraph (1) is subject to the condition that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.”.
Amendment of article 15
5. In article 15 (deposit of marine chemical and marine oil treatment substances etc)—
(a) in paragraph (2), for “4” substitute “3”;
(b) for paragraph (5) substitute—
“5 Condition 3 is that the deposit may only be made in accordance with an approval granted by the licensing authority for that purpose.”;
(c) omit paragraph (6).
Amendment of article 17
6. In article 17 (scientific instruments etc)—
(a) for paragraph (2) substitute—
“2 Paragraph (1) is subject to condition 1, and (as that paragraph relates to the deposit of a reagent or tracer) conditions 2 and 3.
2A Condition 1 is that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.”;
(b) in paragraph (3), for “1” substitute “2”;
(c) in paragraph (4), for “2” substitute “3”;
(d) in paragraph (5)(b), after “navigation;” insert “or”;
(e) in paragraph (7), for “Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora” substitute “the Habitats Directive”.
Insertion of articles 17A and 17B
7. After article 17 (scientific instruments etc) insert—
“Samples for testing or analysis
17A.—(1) Article 4 applies to a removal activity carried on for the purpose of taking a sample of any material for testing or analysis.
(2) Paragraph (1) is subject to the condition that notice of the intention to carry on the removal activity must be given to the licensing authority before the removal activity is carried on.
(3) But article 4 does not apply—
(a)
(a) to any such removal activity where the volume of material removed exceeds 1 cubic metre;
(b)
(b) to any such removal activity that causes, or is likely to cause, obstruction or danger to navigation; or
(c)
(c) to any such removal activity—
(i) that falls within sub-paragraph (a), (b) or (c) of paragraph (4); and
(ii) that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
(4) A removal activity falls within this paragraph if—
(a)
(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)
(b) it is likely to have a significant effect on a Ramsar site; or
(c)
(c) it is 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.
(5) In paragraph (4)(a) and (b), “likely” has the same meaning as in the Habitats Directive.
Accidental deposits – removal activity
17B.—(1) Article 4 applies to a removal activity carried on for the purpose of removing any object which has been accidentally deposited on the seabed.
(2) Paragraph (1) is subject to conditions 1 and 2.
(3) Condition 1 is that notice of the intention to carry on the removal activity must be given to the licensing authority before the removal activity is carried on.
(4) Condition 2 is that the removal activity must be commenced within the period of 12 months beginning with the day on which the object was accidentally deposited on the seabed.
(5) But article 4 does not apply—
(a)
(a) to any such removal activity that causes, or is likely to cause, obstruction or danger to navigation; or
(b)
(b) to any such removal activity—
(i) that falls within sub-paragraph (a), (b) or (c) of paragraph (6); and
(ii) that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
(6) A removal activity falls within this paragraph if—
(a)
(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)
(b) it is likely to have a significant effect on a Ramsar site; or
(c)
(c) it is 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.
(7) In paragraph (6)(a) and (b), “likely” has the same meaning as in the Habitats Directive.”.
Insertion of article 18A
8. After article 18 (deposits in the course of aggregates or mineral dredging) insert—
“Navigational dredging
18A.—(1) Article 4 applies to a dredging activity carried on for the purpose of conserving or maintaining the navigation of an area of the sea.
(2) Paragraph (1) is subject to conditions 1 to 3.
(3) Condition 1 is that notice of the intention to carry on the dredging activity must be given to the licensing authority before the dredging activity is carried on.
(4) Condition 2 is that the dredging activity may only be carried on at a site and at a depth where, in the 10 years before the dredging activity is commenced, at least one other dredging activity or relevant operation has been carried on for the purpose referred to in paragraph (1).
(5) Condition 3 is that at the site where the dredging activity is to be carried on no more than 1500 cubic metres of material are to be dredged as a result of—
(a)
(a) that dredging activity; and
(b)
(b) any other dredging activities carried on for the purpose referred to in paragraph (1) in the year before that dredging activity is commenced.
(6) But article 4 does not apply—
(a)
(a) to any such dredging activity where the volume of material dredged exceeds 500 cubic metres;
(b)
(b) to any such dredging activity that causes, or is likely to cause, obstruction or danger to navigation;
(c)
(c) to any such dredging activity which has or is likely to have the effect, in relation to any body of water, of—
(i) preventing the achievement of any of the environmental objectives listed in the relevant river basin management plan as applicable in relation to that body of water; or
(ii) causing environmental damage; or
(d)
(d) to any such dredging activity—
(i) that falls within sub-paragraph (a), (b) or (c) of paragraph (7); and
(ii) that is not directly connected with or necessary to the management of the site or zone (as the case may be) referred to in that sub-paragraph.
(7) A dredging activity falls within this paragraph if—
(a)
(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)
(b) it is likely to have a significant effect on a Ramsar site; or
(c)
(c) it is 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.
(8) In paragraph (4), “relevant operation” means any operation carried on before the commencement of Part 4 of the Act which, if it had been carried on after that commencement, would have been a dredging activity.
(9) In paragraph (6)—
“body of water” means a body of groundwater or body of surface water within the meanings given by Article 2 of the Water Framework Directive;
“environmental damage” means damage of a kind falling within regulation 4(1)(b) of the Environmental Damage (Prevention and Remediation) Regulations 20095;
“river basin management plan” means a river basin management plan within the meaning of, and which is prepared pursuant to any enactment giving effect to, Article 13 of the Water Framework Directive, and “the relevant river basin management plan”, in relation to a body of water, means...
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