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)

(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.