PART 1Introductory provisions

Interpretation3.

(1)

In this Order—

“the Act” means the Marine and Coastal Access Act 2009;

“activity” means licensable marine activity3;

“disposal” has the meaning given by Article 3 of the Waste Framework Directive;

“a European site” means—

(a)

a European site within the meaning of regulation 9(1) of the Conservation (Nature Habitats, etc.) Regulations (Northern Ireland) 19954; and

(b)

a European offshore marine site within the meaning of regulation 15 of the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20075;

“exempt activity” has the meaning given by Article 4;

“fishing operation” includes fishing for or taking shellfish but does not include an activity relating to the propagation or cultivation of shellfish;

“harbour authority” has the meaning given by section 38(1) of the Harbours Act (Northern Ireland) 19706;

“licensing authority” means the appropriate licensing authority under section 113(6)(b) of the Act;

“lighthouse authority” means a general lighthouse authority or a local lighthouse authority within the meaning of Part 8 of the Merchant Shipping Act 19957;
“plan or project” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora8;

“protected feature” has the meaning given by section 147(1) of the Act;

“Ramsar site” means wetlands designated as internationally important under the Convention of Wetlands (Ramsar 1971)9;

“shellfish” includes crustaceans and molluscs of any kind and any part of a shellfish;

“waste” 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(2) or 2(3) of that Directive; and

“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste10.

(2)

A reference in this Order to a numbered item is a reference to that numbered item in section 66(1) of the Act (Licensable marine activities).

(3)

The Interpretation Act (Northern Ireland) 195411 applies to this Order as it applies to an Act of the Assembly.