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

[F1 Navigational maintenance dredging E+W

41.— (1) Article 4 applies to dredging activity carried on for the purpose of conserving or maintaining the navigation of an area of the sea.

(2) Paragraph (1) is subject to conditions 1 to 3.

(3) Condition 1 is that the dredging activity may only be carried on at a site and a depth where, in the 10 years before the dredging activity is commenced, at least one other dredging activity or relevant operation has been carried on for the purpose referred to in paragraph (1).

(4) Condition 2 is that at the site where the dredging activity is to be carried on, no more than 1,500 cubic metres of material are to be dredged as a result of—

(a) that dredging activity, and

(b) any other dredging activities, carried on for the purpose referred to in paragraph (1) in the 12 months before that dredging activity begins.

(5) Condition 3 is that no dredging activity can be carried on which adversely affects or is likely to adversely affect any MoD strategic interest.

(6) But article 4 does not apply to—

(a) dredging activity where the volume of material exceeds 500 cubic metres,

(b) dredging activity that causes or is likely to cause obstruction or danger to navigation,

(c) dredging activity that is likely to have a significant effect on a marine protected area,

(d) dredging activity that has or is likely to have the effect, in relation to any body of water, of—

(i) preventing the achievement of any of the environmental objectives listed in the relevant river basin management plan as applicable in relation to that body of water, or

(ii) causing environmental damage, or

(d) any disposal of dredged material.

(7) In this article—

“body of water” (“crynofa ddŵr”) has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017(1)

“environmental damage” (“difrod amgylcheddol”) has the same meaning as in regulation 4 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009(2);

“river basin management plan” (“cynllun rheoli basn afon”) has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.]

Textual Amendments

F1 Arts. 35-52 inserted (1.4.2026) by The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026 (W.S.I. 2026/21), arts. 1(2), 21

(1)

1949 c. 74. Part 1 has been amended by Schedule 2 to the Flood and Water Management Act 2010 (c. 29), from a date to be appointed.

(2)

1995 c. 21