PART 1Introductory provisions

Title and commencement1

1

The title of this Order is the Marine Licensing (Exempted Activities) (Wales) Order 2011.

2

This Order comes into force on 6 April 2011.

Application2

This Order applies in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 20094.

Interpretation3

In this Order—

  • “the Act” (“y Ddeddf”) means the Marine and Coastal Access Act 2009;

  • “activity” (“gweithgaredd”) means licensable marine activity5;

  • “disposal” (“gwaredu”) has the meaning given by Article 3 of the Waste Framework Directive;

  • “European site” (“safle Ewropeaidd”) means—

    1. a

      a European site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 20106; and

    2. b

      a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats & c) Regulations 20077;

  • “exempt activity” (“gweithgaredd esempt”) has the meaning given by article 4;

  • “fishing operation” (“gweithred bysgota”) includes fishing for or taking shellfish but does not include an activity relating to the propagation or cultivation of shellfish;

  • “harbour authority” (“awdurdod harbwr”) has the meaning given by section 57(1) of the Harbours Act 19648;

  • “licensing authority” (“awdurdod trwyddedu”) means the Welsh Ministers as the appropriate licensing authority under section 113(4)(b) of the Act;

  • “lighthouse authority” (“awdurdod goleudy”) means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 19959;

  • “plan or project” (“cynllun neu brosiect”) has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora10;

  • “Ramsar site” (“safle Ramsar”) has the same meaning as in section 37A of the Wildlife and Countryside Act 198111;

  • “shellfish” (“pysgod cregyn”) includes crustaceans and molluscs of any kind and any part of a shellfish;

“waste” (“gwastraff”) means anything that—

a

is waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Article 5(1) of that Directive, and

b

is not excluded from the scope of that Directive by Article 2(1), (2) or (3) of that Directive;

  • “the Waste Framework Directive” (“y Gyfarwyddeb Fframwaith Gwastraff”) means Directive 2008/98/EC of the European Parliament and of the Council on waste12.