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.