The Marine Licensing (Application Fees) (Wales) Regulations 2011

Title and commencement

1.—(1) The title of these Regulations is the Marine Licensing (Application Fees) (Wales) Regulations 2011.

(2) These Regulations come into force on 6 April 2011.

Application

2.  These Regulations apply in relation to any application for a marine license in relation to which the Welsh Ministers are the appropriate licensing authority(1).

Interpretation

3.—(1) In these Regulations—

• “application for a marine licence” (“cais am drwydded forol”) means an application for a licence to carry on one or more licensable marine activities;

• “environmentally sensitive area” (“ardal amgylcheddol sensitif”) means—

  (a)

  a marine nature reserve, within the meaning given by section 36 of the Wildlife and Countryside Act 1981(2);

  (b)

  a Ramsar site, within the meaning given by section 37A of the Wildlife and Countryside Act 1981(3);

  (c)

  a site of special scientific interest within the meaning given by section 28 of the Wildlife and Countryside Act 1981(4);

  (d)

  a special area of conservation, within the meaning given by Article 1(l) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive)(5);

  (e)

  a special protection area, within the meaning given by the Conservation of Habitats and Species Regulations 2010(6);

• “environmental sensitivity supplement” (“tâl atodol sensitifrwydd amgylcheddol”) means a supplement to the fee payable in relation to certain applications for a marine licence;

• “fee” (“ffi”) means the fee payable for determining an application for a marine licence.

(2) In these Regulations a reference to a numbered table is a reference to the table bearing that number in the Schedule.

Payment and recovery of fees

4.—(1) All fees are payable to the Welsh Ministers.

(2) All fees are payable on demand.

(3) Payment of any fee may be made by electronic means.

(4) A fee is received by the Welsh Ministers when they are in possession of cleared funds for the whole amount of the fee.

(5) Any unpaid fee or part of any fee is recoverable by the Welsh Ministers as a civil debt.

Construction projects

5.—(1) In the case of an application for a marine licence that relates to a construction project that does not fall within regulation 9 (offshore renewable energy projects), the fee is determined by reference to the scale of fees set out in table 1.

(2) But, except in the case of an application to which band 1 of table 1 applies, paragraph (1) is subject to paragraph (3).

(3) Where one or more of the licensable marine activities which form the subject matter of the application referred to in paragraph (1), is to be carried on in or near an environmentally sensitive area, an environmental sensitivity supplement is payable.

(4) Where an environmental sensitivity supplement is payable, the amount of the supplement is determined by reference to the amounts set out in table 2.

Disposal — marine dredging

6.—(1) In the case of an application for a marine licence that relates to the disposal of dredged material, which does not fall within paragraph (4), the fee is determined by reference to the scales of fees set out in table 3.

(2) Where the dredged material referred to in paragraph (1) comes from capital dredging, the scale of fees in the third column of table 3 applies.

(3) Where the dredged material referred to in paragraph (1) comes from maintenance dredging, the scale of fees in the fourth column of table 3 applies.

(4) In the case of an application for a marine licence which relates to the disposal, for beneficial use, of dredged material, the fee is determined by reference to the scale of fees set out in table 4.

(5) But paragraph (4) is subject to paragraph (6).

(6) Where one or more of the licensable marine activities which form the subject matter of the application referred to in paragraph (4), is to take place in or near an environmentally sensitive area, an environmental sensitivity supplement is payable.

(7) Where an environmental sensitivity supplement is payable, the amount of the supplement is determined by reference to the amounts set out in table 2, subject to the modification in paragraph (8).

(8) Where paragraph (7) applies, a reference to project cost in table 2 is to be read as a reference to the cost of the project from which the dredged material to be disposed of, comes.

(9) In this regulation—

• “beneficial use” (“defnydd llesiannol”) means use which is beneficial to the environment;

• “dredged material” (“deunydd a dreillir”) means any substance or object which comes from marine dredging.

Disposal — fish waste

7.  Where an application for a marine licence relates to the disposal of fish waste, the fee is determined by reference to table 5.

Extraction of minerals by marine dredging

8.—(1) In the case of an application for a marine licence which relates to the extraction of minerals by marine dredging, the fee is determined by reference to the second column of table 6.

(2) But paragraph (1) is subject to paragraph (3).

(3) Where the determination of an application for a marine licence under paragraph (1) involves the holding of an inquiry(7), the fee set out in the third column of that table is payable in addition to the fee referred to in paragraph (1).

Offshore renewable energy projects

9.  In the case of an application for a marine licence which relates to an offshore renewable energy project, the fee is determined by reference to the scale of fees set out in table 7.

Submarine pipelines and associated structures

10.  In the case of an application for a marine licence which relates to a submarine pipeline or associated structure, and falls within a description in the first column of table 8, the appropriate fee is determined by reference to the second column of that table.

Tracers and dyes

11.  In the case of an application for a marine licence which relates to the deposit of tracers or dyes, the fee is determined by reference to table 9.

Moorings and navigation aids

12.  In the case of an application for a marine licence which relates to simple moorings or navigation aids, the fee is determined by reference to table 10.

Jane Davidson

Minister for Environment, Sustainability and Housing, one of the Welsh Ministers

25 February 2011