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

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(1);

  (b)

  a Ramsar site, within the meaning given by section 37A of the Wildlife and Countryside Act 1981(2);

  (c)

  a site of special scientific interest within the meaning given by section 28 of the Wildlife and Countryside Act 1981(3);

  (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)(4);

  (e)

  a special protection area, within the meaning given by the Conservation of Habitats and Species Regulations 2010(5);

• “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.

(1)

1981 (c. 69). Section 36 is amended by section 3 of, and paragraph 6 of Schedule 1 to, the Territorial Sea Act 1987 (c. 49); section 105 of, and paragraph 85 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); section 66(6) of, and paragraph 65(4) of Schedule 16 to, the Local Government (Wales) Act 1994 (c. 19); section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51); section 32(5) of, and Schedule 3 to, the Pilotage Act 1987 (c. 21). There are other amendments which are not relevant for these purposes. Functions of the Secretary of State in so far as exercisable in relation to Wales are transferred to the Welsh Ministers by article 2 of Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

1981 (c. 69). Section 37A was inserted by section 77 of the Countryside and Rights of Way Act 2000 (c. 37), and amended by section 105 of, and paragraph 86 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16).

(3)

1981 (c. 69). New section 28 substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2000 (c. 37). Amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16). There are other amendments which are not relevant for these purposes. Section 28 should be read in accordance with section 27AA. Functions of the Secretary of State in so far as exercisable in relation to Wales are transferred to the Welsh Ministers by article 2 of Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(4)

O.J. No L 206 22.7.1992 p.7-50.

(5)

S.I.2010/490. New regulation 12A, which defines “special protection area” inserted by the Conservation of Habitats and Species (Amendment) Regulations 2011 (S.I. 2011/625).