The Marine Licensing (Exempted Activities) (Wales) Order 2011

Interpretation E+W

3.  In this Order—

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

• “activity” (“gweithgaredd”) means licensable marine activity(1);

• [F1 “coast protection authority” (“awdurdod diogelu’r arfordir”) has the same meaning as in the Coast Protection Act 1949;]

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

• F2 ...

• “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 1964(2);

• [F1 “invasive non-native species” (“rhywogaeth estron oresgynnol”) has the same meaning as in Schedule 9A to the Wildlife and Countryside Act 1981 (see paragraph 2(1) to (3));]

• “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 1995(3);

• [F1 “local authority” (“awdurdod lleol”) means a county council or county borough council in Wales;]

• [F1 “marine litter” (“sbwriel môr”) means any persistent, manufactured or processed solid material discarded, disposed of or abandoned occurring in the marine and coastal environment;]

• [F1 “marine protected area” (“ardal forol warchodedig”) means a site—

  (i)

  designated as a special area of conservation in accordance with regulation 12(1) of the Conservation of Habitats and Species Regulations 2017 or regulation 7(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

  (ii)

  classified as special protection area in accordance with regulation 15(1) of the Conservation of Habitats and Species Regulations 2017 or regulation 12(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

  (iii)

  designated as marine conservation zone in accordance with section 116(1) of the 2009 Act;

  (iv)

  notified as a site of special scientific interest in accordance with section 28(1) of the Wildlife and Countryside Act 1981(2);]

• [F1 “MoD strategic interest” (“buddiant strategol y Weinyddiaeth Amddiffyn”) includes any training, test, evaluation or operation carried out or due to be carried out by the Ministry of Defence, on behalf of the Ministry of Defence or with the permission of the Ministry of Defence;]

• “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 flora(4);

• “Ramsar site” (“safle Ramsar”) has the same meaning as in section 37A of the Wildlife and Countryside Act 1981(5);

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

• [F1 “the Trinity House” (“Trinity House”) has the meaning given in section 223(1) of the Merchant Shipping Act 1995;]

• [F1 “the UK Hydrographic Office” (“Swyddfa Hydrograffig y DU”) means the Hydrographic Office of the Ministry of Defence;]

“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 waste(6) [F3 , [F4 as last amended by Council Regulation (EU) 2017/997]].

• [F1 “Welsh risk management authority” (“awdurdod rheoli risg i Gymru”) has the meaning given in section 6 of the Flood and Water Management Act 2010(4).]

Textual Amendments

F1 Words in art. 3 inserted (1.4.2026) by The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026 (W.S.I. 2026/21), arts. 1(2), 3(b)

F2 Words in art. 3 omitted (1.4.2026) by virtue of The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026 (W.S.I. 2026/21), arts. 1(2), 3(a)

F3 Words in art. 3 inserted (31.7.2016) by The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2016 (S.I. 2016/690), arts. 1(2), 2(2)

F4 Words in art. 3 substituted (5.7.2018) by The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2018 (S.I. 2018/724), arts. 1(2), 2(2)

Commencement Information

I1 Art. 3 in force at 6.4.2011, see art. 1(2)

(1)

See sections 66 and 115(1) of the Act.

(2)

1964 c. 40 to which there are amendments not relevant to this Order.

(3)

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).

(4)

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).

(5)

1981 c. 69. Section 37A was inserted, in relation to England and Wales, by section 77 of the Countryside and Rights of Way Act 2000 (c. 37), and amended by section 105(1) of, and paragraph 86 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16).

(6)

OJ No L 312, 22.11.2008, p.3.