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Marine and Coastal Access Act 2009

Sections 74 and 75: Exemptions specified by order; Exemptions for certain dredging etc activities

250.The licensing authority may, by order, either exempt activities from the need for a licence completely, or specify conditions which, if met, will mean the activity may be exempted from the need for a licence. Examples of the sorts of activity which might be covered by such exemptions are the routine re-distribution of sand along a beach or minor repairs to seawalls. Conditions may include the requirement for approval prior to the activity proceeding, in order for the activity to be exempt. This order-making power cannot be delegated to another body under the powers given in section 98.

251.In deciding whether to make an order, the licensing authority must have regard to the need to protect the environment, the need to protect human health, the need to prevent interference with legitimate uses of the sea, and such other matters as the authority thinks relevant.

252.Where a particular dredging operation or a deposit of dredged materials is already authorised under any of the legislation in subsection (3) of section 75, that particular operation will not need an additional marine licence.

Section 76: Dredging in the Scottish zone

253.Marine licensing as described in this Part does not apply to any dredging done, in the exercise of the specified functions in subsection (2), in the Scottish zone for the purpose of extracting minerals.

Section 77: Oil and gas activities and carbon dioxide storage

254.This section exempts from the need to obtain a marine licence certain activities licensable under the Petroleum Act 1998 or the Energy Act 2008. The exempted activities are listed in subsection (1). Subsections (3) and (4) place geographical restrictions on the exemption.

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