The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026

Welsh Statutory Instruments

2026 No. 21

environmental protection, wales

licensing (marine), wales

marine pollution, wales

The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026

Made

2 February 2026

Coming into force

1 April 2026

The Welsh Ministers, as the appropriate licensing authority under section 113(4)(b) of the Marine and Coastal Access Act 2009(1) (“the 2009 Act”), make the following Order in exercise of the powers conferred by sections 74(1), (2) and (3) and 316(1)(a) of the 2009 Act.

In deciding to make this Order, the Welsh Ministers have had regard to the matters mentioned in section 74(4) of the 2009 Act.

The Welsh Ministers have consulted such persons as they consider appropriate, in accordance with section 74(5) of the 2009 Act.

Part 1 Introductory provisions

Title, coming into force and application

1.—(1) The title of this Order is the Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026.

(2) This Order comes into force on 1 April 2026.

(3) This Order applies in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113(4) and (5) of the Marine and Coastal Access Act 2009(2).

Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011

2.  The Marine Licensing (Exempted Activities) (Wales) Order 2011(3) is amended in accordance with articles 3 to 21.

Part 2 Amendments of existing articles

Amendment of article 3

3.  In article 3 (interpretation)—

(a) omit the definition of “European site”;

(b) at the appropriate place in alphabetical order insert—

“ “coast protection authority” (“awdurdod diogelu’r arfordir”) has the same meaning as in the Coast Protection Act 1949(4);

“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))(5);

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

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

“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(6) or regulation 7(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017(7);

(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(8);

“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;

“the Trinity House” (“Trinity House”) has the meaning given in section 223(1) of the Merchant Shipping Act 1995(9);

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

“Welsh risk management authority” (“awdurdod rheoli risg i Gymru”) has the meaning given in section 6 of the Flood and Water Management Act 2010(10).”

Amendment of article 3A

4.  In article 3A (modification of the Waste Framework Directive) omit paragraph (9)(b).

Amendment of article 9

5.  In article 9 (salvage activities)—

(a) from “Article 4” to “pollution.” becomes paragraph (1);

(b) after paragraph (1) insert—

“(2) But article 4 does not apply to the removal of wrecks or objects of archaeological or historical interest.”

Amendment of article 13

6.  In article 13 (shellfish propagation and cultivation)—

(a) in paragraph (2)—

(i) after “deposit” insert “, removal activity or dredging activity”;

(ii) omit the “or” after sub-paragraph (b);

(b) after paragraph (2)(c) insert—

“(d) that is likely to have a significant effect on a marine protected area;

(e) made for the purpose of expanding shellfish propagation or cultivation beyond the boundaries of existing activities.

(3) Paragraph (1) is subject to the condition that notification is given to the UK Hydrographic Office at least 5 days before the day on which any deposit begins, including details of any structures or markers and their co-ordinates of latitude and longitude according to the World Geodetic System 1984(11).”

Amendment of article 15

7.   In article 15 (deposit of equipment to control, contain or recover oil etc), in paragraph (1), after “deposit” insert “and removal”.

Substitution of article 16

8.  For article 16 (scientific instruments etc) substitute—

Scientific instruments etc

16.— (1) Article 4 applies—

(a) to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;

(b) to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a);

(c) to the deposit of any reagent;

(d) to the deposit of any tracer.

(2) Sub-paragraph (a) of paragraph (1) is subject to condition 1.

(3) Sub-paragraph (b) of paragraph (1) is subject to condition 2.

(4) Sub-paragraphs (c) and (d) of paragraph (1) are subject to conditions 3 and 4.

(5) Condition 1 is that details of any scientific instrument or associated equipment to be deposited must be notified to the UK Hydrographic Office at least 5 days before the day on which any deposit is made.

(6) Condition 2 is that notification is given to the UK Hydrographic Office of any removal of any scientific instrument or associated equipment within 5 days of the removal.

(7) Condition 3 is that the reagent or tracer must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.

(8) Condition 4 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.

(9) But article 4 does not apply to—

(a) any such deposit made for the purpose of disposal;

(b) any such deposit that causes or is likely to cause obstruction or danger to navigation, in particular where such a deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum(12);

(c) any such deposit or removal activity that is likely to have a significant effect on a marine protected area.”

Amendment of article 18

9.  In article 18 (maintenance of coast protection, drainage and flood defence works), in paragraph (1)—

(a) for “the Natural Resources Body for Wales or the Environment Agency” substitute “a Welsh risk management authority or a coast protection authority”;

(b) omit sub-paragraph (b).

Amendment of article 19

10.  In article 19 (emergency works in response to flood or flood risk)—

(a) in paragraph (1), for “on by or on behalf of the Natural Resources Body for Wales or the Environment Agency” substitute “out”;

(b) for paragraph (2) substitute—

“(2) But article 4 does not apply where there has been a failure to maintain a structure before a flood or flood risk occurs.”

Substitution of article 20

11.   For article 20 (use of vehicles to remove litter or seaweed from beaches) substitute—

Use of vehicles to remove litter, marine litter, debris or dead animals from beaches and intertidal areas

20.— (1) Article 4 applies to a removal activity using a vehicle or vessel carried on by or on behalf of the Welsh Ministers, a local authority, harbour authority within its jurisdiction, Natural Resources Body for Wales or an environmental charity for the purpose of removing—

(a) litter, marine litter, debris or dead animals from a beach or intertidal area, or

(b) abandoned, discarded, or lost fishing gear.

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

(3) Condition 1 is that a dead animal must not be removed by an environmental charity unless it is acting on behalf of the Welsh Ministers, the Natural Resources Body for Wales or a local authority.

(4) Condition 2 is that notice of the intention to remove a dead animal is given to the enforcement authority before the removal activity is undertaken.

(5) But article 4 does not apply to a removal activity that is likely to—

(a) have a significant effect on a marine protected area;

(b) cause damage to features of archaeological or historic interest in an area where the removal activity occurs.

(6) In this article—

(a) “enforcement authority” has the meaning given in section 114 of the Act;

(b) “environmental charity” has the meaning given in sections 1(1), 2(1) and 3(1)(i) of the Charities Act 2011(13);

(c) “intertidal area” means the area between the level of mean high water spring tides and the level of mean low water spring tides.”

Amendment of article 21

12.   In article 21 (deposits in the course of normal navigation or maintenance), in paragraph (1), after “maintenance” insert “, or any related removal activity”.

Amendment of article 23

13.   In article 23 (removal of obstruction or danger to navigation), after paragraph (2) insert—

“(3) Paragraph (1) is subject to the condition that the UK Hydrographic Office is given notification of the removal activity within 5 days of the removal.”

Amendment of article 24

14.  In article 24 (moorings and aids to navigation)—

(a) in paragraph (1)(b), after “such person” insert “referred to in paragraph (2)”;

(b) after paragraph (1)(b) insert—

“(c) to a deposit, removal activity or works activity carried on by a person referred to in paragraph (2) for the purpose of replacing or maintaining any such mooring or aid to navigation.”

Amendment of article 25

15.  In article 25 (markers for European marine sites)—

(a) in the heading, for “European marine sites” substitute “marine protected areas”;

(b) in paragraph (1)(a), for the words “for the purposes of regulation 37(1)” to the end substitute “to indicate the existence and extent of a marine protected area”;

(c) for paragraph (2) substitute—

“(2) Paragraph (1) is subject to the condition that a notification of any deposit or removal activity is given to the following bodies at least 5 days before the day on which any deposit or removal activity commences—

(a) the Maritime and Coastguard Agency,

(b) the Trinity House, and

(c) the UK Hydrographic Office.”

Amendment of article 26

16.  In article 26 (launching of vessels etc)—

(a) in the heading, after “launching” insert “and removal”;

(b) at the end of the article insert “and a subsequent removal activity”.

Substitution of article 28

17.   For article 28 (diver trails within restricted areas) substitute—

Diver trails within restricted areas and in relation to scheduled monuments

28.— (1) Article 4 applies to a deposit or removal activity carried on for the purpose of placing, securing or removing signage or other identifying markers relating to—

(a) a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973(14),

(b) a scheduled monument within the meaning of section 3(7) of the Historic Environment (Wales) Act 2023(15), or

(c) an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986(16).”

Amendment of article 29

18.  In article 29 (coastguard activities – safety purposes and training)—

(a) for “an activity” substitute “a deposit or removal activity”;

(b) for “for the purpose of” substitute “or to anyone acting in connection with”;

(c) in paragraph (b), after “life” insert “or property”.

Amendment of article 31

19.  In article 31 (cables and pipelines – authorised emergency inspection and repair)—

(a) in paragraph (2), for the words “the activity may” to the end substitute “notification is given to the UK Hydrographic Office of any amendments made to charted cable and pipeline positions within 5 days after the completion of any emergency repair works”;

(b) in paragraph (3), after “item 10” insert “or to any such deposit for the purpose of providing long-term cable or pipeline protection.”

Substitution of article 32

20.    For article 32 (bored tunnels) substitute—

Bored tunnels

32.— (1) Article 4 applies to a deposit or works activity carried on wholly under the seabed in connection with the construction or operation of a bored tunnel.

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

(3) Condition 1 is that the activity must not adversely affect the environment of Wales, the Welsh inshore region and the Welsh offshore region or the living resources that environment supports.

(4) Condition 2 is that the deposit or works activity does not or is not likely to cause obstruction or danger to navigation.

(5) Condition 3 is that the deposit or works activity does not or is not likely to cause damage to features of archaeological or historic interest.

(6) But article 4 does not apply to any such deposit carried on for the purpose of disposal.”

Part 3 New Exemptions

Insertion of articles 35 to 52

21.    After article 34 insert—

Routine minor works to maintain existing bridges, cantilevered structures, jetties and piers

35.— (1) Article 4 applies to routine minor works carried out by a local authority or a harbour authority, or any persons acting on their behalf to maintain existing bridges, cantilevered structures, jetties or piers.

(2) But article 4 does not apply to any—

(a) construction of structures required to support access,

(b) dredge or disposal works,

(c) deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(d) deposit or removal activity which reduces the air clearance above Highest Astronomical Tide for any vessels passing under a bridge, or

(e) deposit or removal activity that is likely to have a significant effect on a marine protected area.

Removal of abandoned or derelict vessels

36.— (1) Article 4 applies to a deposit or removal activity carried on by, or on behalf of, a harbour authority or the Natural Resources Body for Wales, during the removal of an abandoned or derelict vessel.

(2) Paragraph (1) is subject to the condition that notification is given to the Maritime and Coastguard Agency at least 24 hours before any deposit or removal activity is carried on.

(3) But article 4 does not apply to—

(a) any deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(b) any deposit or removal activity that is likely to have a significant effect on a marine protected area, or

(c) the removal of a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973.

(4) In this article—

“abandoned” (“wedi ei gadael”) means a vessel where the owner is unknown, following reasonable attempts to identify them, or has surrendered rights of ownership;

“derelict” (“adfeiliedig”) means a vessel in a state of disrepair and neglect.

Firework displays

37.— (1) Article 4 applies to the deposit or use of fireworks as part of a firework display and the removal of any associated litter from the marine environment.

(2) But article 4 does not apply to any activity—

(a) that causes or is likely to cause an obstruction or danger to navigation, or

(b) that is likely to have a significant effect on a marine protected area.

Samples for testing or analysis

38.— (1) Article 4 applies to a removal activity carried out for the purpose of taking a sample of any material for testing or analysis.

(2) Paragraph (1) is subject to the condition that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.

(3) But article 4 does not apply to any deposit or removal activity—

(a) where the volume of material removed exceeds 1 cubic metre,

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

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

(d) that falls within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973,

(e) that is likely to cause damage to scheduled monuments within the meaning of section 3(7) of the Historic Environment (Wales) Act 2023, or

(f) which may cause an adverse effect to an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986.

Divers removing marine litter

39.— (1) Article 4 applies to the removal of the following during diving activities—

(a) marine litter, and

(b) abandoned, discarded, or lost fishing gear.

(2) But article 4 does not apply to a removal activity—

(a) that is likely to cause damage to features of archaeological or historic interest in the area where the diving activities occur, or

(b) that is likely to have a significant effect on a marine protected area.

Accidental deposits - removal activity

40.— (1) Article 4 applies to a removal activity carried on for the purpose of removing any object which has been accidently deposited on the seabed.

(2) Paragraph (1) is subject to the condition that the removal activity must begin within 12 months beginning with the day the object was accidently deposited on the seabed.

(3) But article 4 does not apply to a removal activity that—

(a) causes, or is likely to cause an obstruction or danger to navigation, or

(b) is likely to have a significant effect on a marine protected area.

Navigational maintenance dredging

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(17)

“environmental damage” (“difrod amgylcheddol”) has the same meaning as in regulation 4 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009(18);

“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.

Temporary markers

42.— (1) Article 4 applies to a deposit for the purpose of placing a marker and any associated equipment to mark out areas for recreational activities such as sailing, swimming or diving.

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

(3) Condition 1 is that notice of the intention to carry out any deposit or subsequent removal activity referred to in paragraph (1) is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before the deposit is carried out, if the marker will remain in place for longer than 24 hours.

(4) Condition 2 is that the marker and any associated equipment must be removed from the sea and, where applicable, the seabed within 28 days beginning with the day on which the deposit is made.

(5) But article 4 does not apply to any deposit or removal activity that—

(a) causes, or is likely to cause an obstruction or danger to navigation, or

(b) is likely to have a significant effect on a marine protected area.

The establishment or restoration of seagrass bed

43.— (1) Article 4 applies to—

(a) any deposit or removal activity carried on for the purpose of establishing or restoring a seagrass bed;

(b) the deposit of any native species of seagrass seed, cutting or plant in the course of establishing or restoring a seagrass bed;

(c) a removal activity carried on for the purpose of moving a seagrass seed, cutting or plant in the course of establishing or restoring a seagrass bed, so long as this does not negatively impact the donor bed;

(d) the movement of seagrass cores or sods, carried on for the purpose of moving a seagrass seed, sediment, cutting or plant in the course of establishing or restoring a seagrass bed so long as this does not negatively impact the donor bed.

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

(3) Condition 1 is that any removal and subsequent deposit of seagrass seed from a healthy donor bed to another area must follow International Union for Conservation of Nature Guidelines for Reintroductions and Other Conservation Translocations(19).

(4) Condition 2 is that the native seagrass seed, cutting or plant is free from invasive non-native species.

(5) Condition 3 is that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.

(6) But article 4 does not apply to a deposit—

(a) made for the purpose of disposal,

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

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

(d) or removal activity that is likely to cause damage to features of archaeological or historic interest, or

(e) which includes any non-biodegradable materials or harmful substances.

(7) In this article—

“native species” (“rhywogaethau brodorol”) means species that naturally occur or have in the past naturally occurred in Wales, including—

(i)

regularly occurring migratory species (both breeding and non-breeding) and natural colonists, and

(ii)

species that have been reintroduced in Wales following past extinction;

“natural colonists” (“coloneiddwyr naturiol”) means species that arrived in Wales of their own accord and have become established, including those that become migratory species.

Upgrades to coastal, drainage and flood defence structures

44.— (1) Article 4 applies to a deposit or removal activity carried on by or on behalf of a Welsh risk management authority, or coast protection authority where a local planning permission is required to upgrade any—

(a) coast protection works;

(b) drainage works;

(c) flood defence works.

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

(3) Condition 1 is that the deposit or removal activity is carried out within the existing boundaries of the works being maintained.

(4) Condition 2 is that the UK Hydrographic office is notified of any such deposit or removal activities at least 5 days prior to the activity beginning.

(5) But article 4 does not apply to any construction, deposit or removal activity that extends below the mean low water spring tide mark.

Dry dock facilities

45.— (1) Article 4 applies to a deposit or removal activity carried on in a dry dock area, within a harbour which is regulated under the Harbours Act 1964(20), where the deposit or removal activity is carried on by, or on behalf of, a harbour authority.

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

(3) Condition 1 is that notification of the intention to carry on any deposit or removal activity is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before any deposit or removal activity is carried on.

(4) Condition 2 is that all debris is removed from the dry dock prior to any entry or exit of any vessel.

(5) But article 4 does not apply to a deposit or removal activity that—

(a) causes or is likely to cause obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

Discharge of offshore chemicals and oil

46.   —Article 4 applies to any activity in relation to which a permit is required under—

(a) The Offshore Chemicals Regulations 2002(21), or

(b) The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005(22).

Removal of windblown sand and subsequent deposit

47.— (1) Article 4 applies to a deposit or removal activity carried on by a local authority, a harbour authority, the Natural Resources Body for Wales or any person acting on their behalf for the purpose of clearing sand blown onto promenades, roads or slipways following a storm event.

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

(3) Condition 1 is that the sand is free from marine litter, debris and land-based contaminants before it is deposited back onto a beach.

(4) Condition 2 is that the sand is deposited back onto a beach within 7 days after it was blown by the wind onto the promenade, road or slipway.

Pontoons

48.— (1) Article 4 applies to a—

(a) deposit or works activity carried on by, or with the consent of, a harbour authority for the purpose of providing a pontoon within harbour or port limits;

(b) removal activity carried on by, or with the consent of a harbour authority for the purpose of removing a pontoon.

(2) Paragraph (1)(a) is subject to conditions 1 and 2.

(3) Condition 1 is that no more than 10 pontoons have been constructed or deposited at the same site in the previous 6 months.

(4) Condition 2 is that the pontoon must be free from invasive non-native species before the deposit or during the works activity.

(5) But article 4 does not apply—

(a) to the deposit, construction or removal of a pontoon which has a deck with an area exceeding 30 square metres,

(b) to any dwelling, permanent structure or infrastructure placed or fixed on top of a pontoon, or

(c) to any piling works.

Trial pits

49.— (1) Article 4 applies to a deposit or removal activity carried on for the purpose of the excavation and backfilling of trial pits.

(2) Paragraph (1) is subject to the condition that the materials removed from the seabed, as part of any plan or project, do not exceed 5 cubic metres.

(3) But article 4 does not apply to a deposit or removal activity that—

(a) causes or is likely to cause an obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

Boreholes

50.— (1) Article 4 applies to a deposit or removal activity carried on for the purpose of removing, from the seabed, objects or materials in connection with drilling of boreholes.

(2) Paragraph (1) is subject to the condition that the materials removed from the seabed, as part of any plan or project, do not exceed 5 cubic metres.

(3) But article 4 does not apply to a such deposit or removal activity that—

(a) causes or is likely to cause obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

Vibrocore sampling

51.— (1) Article 4 applies to a deposit or removal activity carried on for the purpose of taking a sample of material for testing or analysis during vibrocore sampling.

(2) Paragraph (1) is subject to the condition that the removal of material does not exceed more than 5 cubic meters in any plan or project.

(3) But article 4 does not apply to any such deposit or removal activity that—

(a) causes or is likely to cause an obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

(4) In this article, “vibrocore sampling” means the technique in which a vibrating core tube is driven into underwater sediments such as sand, silt, clay or soft soils using an electronically or hydraulically powered vibration head which recovers a continuous core sample.

In-water hull cleaning

52.— (1) Article 4 applies to the deposit of a substance removed from the hull of a vessel during cleaning.

(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, or

(c) the bristles of a soft brush.”

Huw Irranca-Davies

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

2 February 2026

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Marine Licensing (Exempted Activities) (Wales) Order 2011 (“the 2011 Order”). The 2011 Order specifies licensable marine activities in respect of which a marine licence under Part 4 of the Marine and Coastal Access Act 2009 (“the 2009 Act”) is not required, whether subject to conditions or otherwise.

These amendments apply in relation to any area, and any licensable marine activity carried on in that area, for which the Welsh Ministers are the appropriate licensing authority under section 113(4)(b) of the 2009 Act.

Part 1 contains the introductory provisions.

Part 2 amends existing exemptions from the requirement to hold a marine licence as set out in the 2011 Order by adding or amending exemptions and conditions relating to those exemptions.

Part 3 introduces new exemptions from the requirement to hold a marine licence. These relate to routine minor works to maintain existing bridges, cantilevered structures, jetties and piers (article 35), removal of abandoned or derelict vessels (article 36), firework displays (article 37), samples for testing or analysis (article 38), divers removing marine litter (article 39), accidental deposits or removal activity (article 40), navigational maintenance dredging (article 41), temporary markers (article 42), the establishment or restoration of seagrass bed (article 43), upgrades to coastal, drainage and flood defence structures (article 44), dry dock facilities (article 45), discharge of offshore chemicals and oil (article 46), removal of windblown sand and subsequent deposit (article 47), pontoons (article 48), trial pits (article 49), boreholes (article 50), vibrocore sampling (article 51) and in-water hull cleaning (article 52).

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Marine and Biodiversity Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2009 c. 23. Section 113 was amended by section 46(2) of the Wales Act 2017 (c. 4) and section 316 was amended by Schedule 10 to the Fisheries Act 2020 (c. 22); there are other amending instruments but none is relevant to this Order.

(2)

By virtue of section 113(4)(b) of the Marine and Coastal Access Act 2009 (c. 23), the Welsh Ministers are the appropriate licensing authority as respects carrying on certain activities in the Welsh inshore region and the Welsh offshore region (see section 322(1) of that Act for the definitions of those terms), except in relation to activities falling under section 113(5) where the Secretary of State is the appropriate licensing authority.

(3)

S.I. 2011/559. Relevant amending instruments are S.I. 2013/755, S.I. 2017/1012, S.I. 2017/1013 and S.I. 2018/724 (W. 141).

(4)

1949 c. 74. Relevant amending instrument is S.I. 1972/70.

(5)

1981 c. 69.

(6)

S.I. 2017/1012. Relevant amending instrument is S.I. 2019/579.

(7)

S.I. 2017/1013. Relevant amending instrument is S.I. 2019/579.

(8)

1981 c. 69. In accordance with section 27AA in relation to land in Wales, references to Natural England are to be read as the Natural Resources Body for Wales. Relevant amending instruments are S.I. 2006/2541 and S.I. 2014/3088 (W. 309).

(9)

1995 c. 21.

(10)

2010 c. 29.

(11)

The World Geodetic System 1984 (“WGS 84”) defines a reference frame for the Earth, for use in geodesy and navigation. It was developed by the United States’ National Geospatial-Intelligence Agency (“NGA”) and is maintained by it. WGS 84 is defined at paragraph 2.1 of the NGA Standardization Document, Department of Defense, World Geodetic System 1984 (updated 8 July 2014) ( https://earth-info.nga.mil/index.php?dir=wgs84&action=wgs84#tab_wgs84-res). Hard copies are available upon request from offices of the Health and Safety Executive, Aberdeen International Business Park, Building 2, Level 1, Dyce Drive, Dyce, Aberdeen, AB21 0BR.

(12)

Chart Datum is the plane below which all depths are published on a navigational chart. It is also the plane to which all tidal heights are referred, so by adding the tidal height to the charted depth, the true depth of water is determined. By international agreement, Chart Datum is defined as a level so low that the tide will not frequently fall below it. In the United Kingdom, this level is normally approximately the level of the Lowest Astronomical Tide.

(13)

2011 c. 25.

(14)

1973 c. 33.

(15)

2023 asc 3.

(16)

1986 c. 35.

(17)

S.I. 2017/407. Relevant amending instrument is S.I. 2019/558.

(18)

S.I. 2009/995 (W. 81). Relevant amending instrument is S.I. 2015/1394.

(19)

Published in 2013 on the International Union for Conservation of Nature website, https://iucn.org/resources/publication/guidelines-reintroductions-and-other-conservation-translocations Hard copies are available upon request from the offices of the World Headquarters, Rue Mauverney 28, 1196 Gland, Switzerland.

(20)

1964 c. 40.

(21)

S.I. 2002/1355. Relevant amending instrument is S.I. 2011/982.

(22)

S.I. 2005/2055. Relevant amending instruments are S.I. 2011/983, S.I. 2019/42 and S.I. 2020/620.