This Order extends the transitional provisions in paragraph 9 of Schedule 9 to the Marine and Coastal Access Act 2009 (“the 2009 Act”)13 for certain dredging operations. This Order applies in relation to dredging operations which are licensable marine activities for the purposes of Part 4 of the 2009 Act, other than those for which the appropriate licensing authority14 is the Welsh Ministers or the Department of the Environment in Northern Ireland, and subject to certain further exceptions.

Article 2 provides that paragraph 9 has effect as if, for sub-paragraph (4)15, there were substituted sub-paragraphs (4) to (10) set out in article 2. New sub-paragraph (4) provides that, save for dredging operations falling within new sub-paragraph (5), (6) or (8), the transitional period is 3 years beginning with the commencement date16, unless a marine licence is issued before the end of that period (in which case that period ends on the date the marine licence is granted).

New sub-paragraph (5), (6) and (8) make provision for dredging operations to which the extension of the transitional period does not apply (and for which a marine licence would be needed). These are cases where it would be inappropriate for the extended transitional period to apply in view of the requirements of the Habitats Directive17, the Environmental Impact Assessment Directive18 or the Water Framework Directive19.