C1C2C3C4C6C7C8C9Part 4Marine licensing

Annotations:
Modifications etc. (not altering text)

Chapter 2Exemptions and special cases

Exemptions

I1C1075Exemptions for certain dredging etc activities

1

A marine licence is not needed for a dredging or spoil disposal activity if

F3a

the conditions in subsection (2) are metF4, and

b

where the activity involves the disposal or recovery of waste materials, the additional conditions in subsection (2A) are met.

2

The conditions are—

a

that the activity is undertaken by or on behalf of a harbour authority, and

b

that the activity is authorised by, and carried out in accordance with, any legislation falling within subsection (3).

F12A

The additional conditions are—

a

that the activity involves the relocation of sediments inside surface waters,

b

that the activity is for the purpose of—

i

managing waters or waterways,

ii

preventing floods,

iii

mitigating the effects of floods or droughts, or

iv

land reclamation, and

c

that it is proved to the satisfaction of the appropriate licensing authority for the area in which the activity is to be undertaken that the sediments are not hazardous waste.

C53

The legislation is—

a

any local Act,

b

any order under section 14 or 16 of the Harbours Act 1964 (c. 40),

c

any order under section 1 of the Harbours Act (Northern Ireland) 1970 (c. 1 (N.I.)), or

d

section 10(3) of that Act.

4

In this section—

  • “dredging or spoil disposal activity” means—

    1. a

      any dredging operation, or

    2. b

      the deposit of any dredged materials that result from an exempt dredging operation;

  • “exempt dredging operation” means a dredging operation for which a marine licence is not needed by virtue of this section.

F25

Any expression used in subsection (1)(b) or (2A) and also in F5Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on wasteF6, as last amended by F7Directive (EU) 2018/851, has the same meaning as in that Directive.