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

PART 1 E+W Introductory provisions

Title and commencement E+W

1.—(1) The title of this Order is the Marine Licensing (Exempted Activities) (Wales) Order 2011.

(2) This Order comes into force on 6 April 2011.

Commencement Information

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

Application E+W

2.  This Order applies in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113 of the Marine and Coastal Access Act 2009(1).

Commencement Information

I2 Art. 2 in force at 6.4.2011, see art. 1(2)

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(2);

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

• “European site” (“safle Ewropeaidd”) means—

  (a)

  a European site within the meaning of regulation 8(1) of [F1 the Conservation of Habitats and Species Regulations 2017]; and

  (b)

  [F2 “European offshore marine site” within the meaning of regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;]

• “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(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(4);

• “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(5);

• “Ramsar site” (“safle Ramsar”) has the same meaning as in section 37A of the Wildlife and Countryside Act 1981(6);

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

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

Textual Amendments

F1 Words in art. 3 substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 22(2)(a)

F2 Words in art. 3 substituted (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), reg. 1, Sch. 4 para. 11(2) (with regs. 3, 4(2))

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

I3 Art. 3 in force at 6.4.2011, see art. 1(2)

[F5 Modification of the Waste Framework Directive E+W

3A— (1) For the purposes of this Order, the Waste Framework Directive is to be read in accordance with this article.

(2) A reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority or local authority which, immediately before exit day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion in respect of Wales.

(3) Article 2 is to be read as if—

(a) in paragraph 2—

(i) in the words immediately before point (a), for “other Community legislation” there were substituted “ retained EU law ”;

(ii) in points (b) and (c), for “Regulation (EC) No 1774/2002” there were substituted “ Regulation (EC) No 1069/2009 ”;

(iii) in point (d), for the words from “Directive 2006/21/EC” to the end there were substituted “ the Mining Waste Directive ”;

(b) in paragraph 3, the words from “Without prejudice” to “Community legislation” were omitted;

(c) paragraph 4 were omitted.

(4) Article 5 is to be read as if paragraph 2 were omitted.

(5) Article 6 is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from “Where criteria” to “paragraphs 1 and 2” there were substituted “ Except where waste ceases to be waste in accordance with Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 ”;

(ii) the second sentence were omitted.

(6) Article 7 is to be read as if—

(a) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) in the third sentence, for “shall be binding” there were substituted “ shall, subject to paragraph 1A, be binding ”;

(b) after paragraph 1, there were inserted—

“1A.   Paragraph 1 is subject to—

(a) a determination by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005 that a specific batch of waste is to be treated as hazardous waste;

(b) a decision made by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005 that a specific batch of waste is to be treated as non-hazardous waste;

(c) the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulation 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005;

(d) regulations (if any) made by the Welsh Ministers under section 62A(2) of the Environmental Protection Act 1990 (lists of waste displaying hazardous properties).”;

(c) paragraphs 2, 3 and 5 were omitted;

(d) after paragraph 6, there were inserted—

“6A.   In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e) paragraph 7 were omitted.

(7) Article 23 is to be read as if—

(a) a reference to the “competent authority” were a reference to the “appropriate authority”;

(b) in paragraph 5, “or Community” were omitted.

(8) Annex 3 is to be read as if, in entry HP 9, in the second sentence, “in the Member States” were omitted.

(9) In reading the Waste Framework Directive in accordance with this article—

(a) “appropriate authority” (“awdurdod priodol”) means the Welsh Ministers or the Natural Resources Body for Wales;

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

Textual Amendments

F5 Arts. 3A, 3B inserted (31.12.2020) by The Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/370), regs. 1(2), 3(2) (as amended by S.I. 2020/1249, regs. 1(2), 3); 2020 c. 1, Sch. 5 para. 1(1)

[F5 Meaning of “Mining Waste Directive” E+W

3B— (1) In reading Article 2 of the Waste Framework Directive in accordance with article 3A, the reference to “the Mining Waste Directive” (as inserted by article 3A(3)(a)(iii)) means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) to (4).

(2) Article 2 is to be read as if—

(a) in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC were a reference to that Article read in accordance with paragraph (4) of this article;

(b) paragraphs 3 and 4 were omitted.

(3) Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “ Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive ”.

(4) In reading the Mining Waste Directive in accordance with this article, the reference to the “Waste Framework Directive” (as inserted by paragraph (3)) has the meaning given by article 3 of this Order read in accordance with article 3A.

(5) For the purposes of paragraph (2), Article 11(3)(j) of Directive 2000/60/EC is to be read as if—

(a) the references to “Member States” were references to the “Welsh Ministers or the Natural Resources Body for Wales”;

(b) at the end, there were inserted—

“and “environmental objective”, in relation to a river basin district (within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017), has the same meaning as in those Regulations.”]

Textual Amendments

F5 Arts. 3A, 3B inserted (31.12.2020) by The Fisheries and Marine Management (Amendment) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/370), regs. 1(2), 3(2) (as amended by S.I. 2020/1249, regs. 1(2), 3); 2020 c. 1, Sch. 5 para. 1(1)

(1)

By virtue of section 113(4)(b) of the Marine and Coastal Access Act 2009, the Welsh Ministers are the appropriate licensing authority as respects anything done in the course of carrying on licensable marine activities in relation to Wales and the Welsh inshore region other than activities for which the Secretary of State is the appropriate licensing authority under section 113(4)(a) and (5) of that Act. See section 322(1) for a definition of the Welsh inshore region.

(2)

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

(3)

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

(4)

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).

(5)

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).

(6)

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).

(7)

OJ No L 312, 22.11.2008, p.3.