2019 No. 893
The Marine Licensing (Exempted Activities) (Amendment) Order 2019
Made
Laid before Parliament
Coming into force
The Secretary of State, as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) and (8) of the Marine and Coastal Access Act 2009, makes the following Order in exercise of the powers conferred by sections 74 and 316(1) of that Act1.
In deciding to make this Order, the Secretary of State has had regard to the matters mentioned in section 74(4) of that Act.
The Secretary of State has carried out consultation in accordance with section 74(5) of that Act.
Citation, commencement and application1
1
This Order may be cited as the Marine Licensing (Exempted Activities) (Amendment) Order 2019 and comes into force on 31st May 2019.
Amendment of the Marine Licensing (Exempted Activities) Order 20112
The Marine Licensing (Exempted Activities) Order 20114 is amended in accordance with articles 3 to 14.
Amendment of article 33
In article 3 (interpretation), after the definition of “lighthouse authority” insert—
“marine litter” means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment;
Amendment of article 174
In article 17 (scientific instruments etc), in paragraph (5)(b) after “navigation” insert “, in particular where any such deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum5”.
Amendment of article 195
In article 19 (maintenance of coast protection, drainage and flood defence works)—
a
for paragraph (1)(b) substitute—
b
to an activity carried on by or on behalf of any of the following for the purpose of maintaining any coast protection works6—
i
a coast protection authority (within the meaning of Part 1 of the Coast Protection Act 19497);
ii
a local authority (within the meaning of section 68(9) of the Act);
iii
the Secretary of State for Defence
b
at the end insert—
4
In this article—
“beach replenishment” means the addition of material from land-based, off-shore or other coastal sources not connected to the beach or its associated sediment system to replace material permanently lost from the system;
“coast protection works” includes—
- a
beach re-profiling, which involves the movement of beach material in a cross-shore direction up or down the beach; and
- b
beach recycling, which involves the movement of beach material along the beach from areas of accretion to areas of erosion within the beach or associated sediment system.
Amendment of article 206
In article 20 (emergency works in response to flood or flood risk), for paragraph (2) substitute—
2
Paragraph (1) is subject to the condition that—
a
the Environment Agency notifies the licensing authority of the emergency works before the end of the period of 168 hours beginning with the time when those works commence; and
b
the notification sets out the location of, the circumstances giving rise to and the nature of the emergency works.
Amendment of article 217
In article 21 (use of vehicles to remove litter, seaweed or dead animals from beaches)—
a
in the heading, at the end insert “and intertidal areas”;
b
in paragraph (1), at the end insert “or intertidal area”;
c
after paragraph (4) insert—
4A
In paragraph (1), “intertidal area” means the area between the level of mean high water spring tides and the level of mean low water spring tides.
Insertion of article 21A8
After article 21 insert—
Recovery of marine litter etc.21A
1
Article 4 applies to the removal of the following during the course of diving activities—
a
marine litter; and
b
abandoned, discarded or lost fishing gear.
2
But article 4 does not apply to any such removal activity—
a
that is likely to cause damage to features of archaeological or historic interest in an area where the diving activities in question occur; or
b
that—
i
falls within paragraph (3); and
ii
is not directly connected with or necessary for the management of a site or zone (as the case may be) referred to in that paragraph.
3
An activity falls within this paragraph if—
a
it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site;
b
it is likely to have a significant effect on a Ramsar site; or
c
it is capable of affecting (other than insignificantly)—
i
the protected features of an MCZ;
ii
any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
4
In paragraph (3)(a) and (b), “likely” has the same meaning as in the Habitats Directive8.
Insertion of article 24A9
After article 24 insert—
Use of vehicles or vessels to remove marine litter and debris24A
1
Article 4 applies to a removal activity using a vehicle or vessel carried on by or on behalf of a Harbour Authority for the purpose of removing marine litter and debris from the area within its jurisdiction.
2
But article 4 does not apply to any such removal activity—
a
that is likely to cause damage to features of archaeological or historic interest in an area where the activities in question occur; or
b
that—
i
falls within paragraph (3); and
ii
is not directly connected with or necessary for the management of a site or zone (as the case may be) referred to in that paragraph.
3
An activity falls within this paragraph if—
a
it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site;
b
it is likely to have a significant effect on a Ramsar site; or
c
it is capable of affecting (other than insignificantly)—
i
the protected features of an MCZ;
ii
any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is (wholly or in part) dependent.
4
In paragraph (3)(a) and (b), “likely” has the same meaning as in the Habitats Directive.
Amendment of article 2510
In article 25 (moorings and aids to navigation), in paragraph (2A), for “Paragraph” substitute “In the case of a person referred to in paragraph (2)(c), paragraph”.
Amendment of article 26A11
In article 26A (temporary markers), in paragraph (2), at the end insert “except where the activity consists of a deposit made for the purpose of placing a marker and the subsequent removal of that marker will take place within 24 hours of the deposit”.
Insertion of article 27A12
After article 27 insert—
Deposit of a substance arising from the cleaning of vessels27A
1
Article 4 applies to the deposit of a substance removed from that part of the hull of a vessel which is normally submerged.
2
Paragraph (1) is subject to the condition that the removal of the substance is undertaken by hand, using only—
a
a soft cloth;
b
a sponge;
c
the bristles of a soft brush;
d
sandpaper, the grit size of which is at least P20009.
Amendment of article 3113
In article 31 (diver trails within restricted areas)—
a
the words from “a wreck within an area designated as a restricted area” to the end become paragraph (a);
Amendment of article 3414
In article 34 (cables and pipelines – authorised emergency inspection and repair)—
a
for paragraph (2) substitute—
2
Paragraph (1) is subject to the condition that—
a
the person carrying out the emergency inspection or repair works (as the case may be) notifies the licensing authority before the end of the period of 24 hours beginning with the time when the emergency inspection or repair works commence; and
b
the notification sets out the location, the circumstances giving rise to and the nature of the emergency works.
b
in paragraph (3) at the end insert “or to any such deposit made for the purpose of providing cable or pipeline protection”.
(This note is not part of the Order)