The Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011 No. 78

PART 1 N.I. Introductory provisions

Citation and commencement N.I.

1.  This Order may be cited as the Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011 and comes into operation on 6th April 2011.

Commencement Information

I1 Art. 1 in operation at 6.4.2011, see art. 1

Application N.I.

2.  This Order applies in relation to Northern Ireland and the Northern Ireland inshore region, and any activity carried on in Northern Ireland or the Northern Ireland inshore region, for which the Department of the Environment is the appropriate licensing authority under section 113(6) of the Marine and Coastal Act 2009(1).

Commencement Information

I2 Art. 2 in operation at 6.4.2011, see art. 1

Interpretation N.I.

3.—(1) In this Order—

“the Act” means the Marine and Coastal Access Act 2009;

“activity” means licensable marine activity(2);

[F1 “Commission Directive (EU) 2015/1127” means Commission Directive (EU) 2015/1127 of 10th July 2015 amending Annex II to Directive 2008/98/EC of the European Parliament and the Council on waste and repealing certain Directives;]

“disposal” has the meaning given by Article 3 of the Waste Framework Directive;

“a European site” means—

(a)

a European site within the meaning of regulation 9(1) of the Conservation (Nature Habitats, etc.) Regulations (Northern Ireland) 1995(3); and

(b)

a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007(4);

“exempt activity” has the meaning given by Article 4;

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

“harbour authority” has the meaning given by section 38(1) of the Harbours Act (Northern Ireland) 1970(5);

“licensing authority” means the appropriate licensing authority under section 113(6)(b) of the Act;

“lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 1995(6);

[F2 “marine litter” means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment;

“MCZ” means a marine conservation zone designated under section 13(1) of the Marine Act (Northern Ireland) 2013;]

“plan or project” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(7);

“protected feature” has the meaning given by section 147(1) of the Act;

“Ramsar site” means wetlands designated as internationally important under the Convention of Wetlands (Ramsar 1971)(8);

“shellfish” includes crustaceans and molluscs of any kind and any part of a shellfish;

“waste” 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(2) or 2(3) of that Directive; and [F3 ,

for this purpose Article 5(1) of that Directive is to be read as if the words “Member States shall take appropriate measures to ensure that” were omitted; and]

[F4 “the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851.]

(2) A reference in this Order to a numbered item is a reference to that numbered item in section 66(1) of the Act (Licensable marine activities).

(3) The Interpretation Act (Northern Ireland) 1954(9) applies to this Order as it applies to an Act of the Assembly.

Textual Amendments

F1 Words in art. 3(1) inserted (15.7.2016) by The Waste (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/95), regs. 1(1), 6(2)(b)

F2 Words in art. 3 inserted (1.4.2022) by The Marine Licensing (Exempted Activities) (Amendment) Order (Northern Ireland) 2022 (S.R. 2022/68), arts. 1, 3

F3 Words in art. 3(1) inserted (31.12.2020 immediately before IP completion day) by The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 2(2)(a)

F4 Words in art. 3(1) substituted (31.12.2020 immediately before IP completion day) by virtue of The Waste (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/284), regs. 1(1), 2(2)(b)

Commencement Information

I3 Art. 3 in operation at 6.4.2011, see art. 1

(1)

By virtue of section 113(6) of the Marine and Coastal Access Act 2009, the Department of the Environment is the appropriate licensing authority. See section 322(1) for a definition of this region and section 66 for list of licensable marine activities. Functions not licensed under this legislation include fisheries, oil and gas.

(2)

See sections 66 and 115(1) of the Marine and Coastal Access Act 2009.

(3)

SR 1995 No. 380.

(4)

S.I. 2007/1842, last amended by S.I. 2010/1513.

(5)

1970 c.1.

(6)

1995 c. 21. See section 193 of that Act, to which section relevant amendments have been made by paragraph 6 of Schedule 6 to the Merchant Shipping and Maritime Security Act 1997 (c. 28).

(7)

OJ No L 206, 22.7.1992, p 7, last amended by Council Directive 2006/105/EC (OJ No L 363, 20.12.2006, p 368).

(8)

These sites are given statutory protection by the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985. No. 170

(9)

1954 c.33 (N.I.)