The Marine Licensing (Delegation of Functions) (Wales) Order 2013

Explanatory Note

(This note is not part of the Order)

This Order delegates the exercise of certain functions of the Welsh Ministers as a licensing authority under the Marine and Coastal Access Act 2009 (“the 2009 Act”) to the Natural Resources Body for Wales.

This Order does not apply to those functions of the licensing authority (mainly relating to the making of subordinate legislation) which are excepted functions and not delegable by virtue of section 98(5)(a) of the 2009 Act (article 2(2)).

Article 3 designates functions of the Welsh Ministers as licensing authority under Part 4 (marine licensing) of the 2009 Act (including functions under subordinate legislation made under that Part).

Article 4 provides that the designated functions are exercisable by or in relation to the Natural Resources Body for Wales acting on behalf of the licensing authority (instead of being exercisable by or in relation to that authority). The licensing authority has the power to give directions to the Natural Resources Body for Wales with respect to the performance of the delegated functions (see section 100 of the 2009 Act, which power is an excepted function).

Article 5 amends article 5 of the Marine Licensing (Exempted Activities) (Wales) Order 2011 (the “2011 Order”). Article 5 of the 2011 Order makes provision about when a marine licence is not required for activities relating to the disposal or recovery of waste (and implements in part Directive 2008/08/EC of the European Parliament and Council on waste (OJ No L 312, 22.11.2008, p.3)). References to the licensing authority in article 5(4) and (5) are substituted with references to the Natural Resources Body for Wales.

Article 6 makes provision consequential on the delegation of the Welsh Ministers' functions as a licensing authority under the Marine Licensing (Appeals Against Licensing Decisions) (Wales) Regulations 2011.

Article 7 contains transitional provisions and savings to ensure continuity between things done by, or in relation to, the Welsh Ministers as licensing authority prior to 1 April 2013 and the assumption by the Natural Resources Body for Wales of the exercise of certain functions of the licensing authority pursuant to this Order.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument.