PART 1Introductory provisions

Interpretation3.

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 8(1) of F1the Conservation of Habitats and Species Regulations 2017;

(b)

F2“European offshore marine site” as defined in regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

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

F3“the Habitats Directive” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;

“harbour authority” has the meaning given by section 57(1) of the Harbours Act 19646;

“licensing authority” means the Secretary of State as the appropriate licensing authority under section 113(2)(a), (4)(a), (6)(a) or (8) 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;

F4“marine litter” means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment;

“an MCZ” means a marine conservation zone from time to time designated by an Order made under section 116 of the Act8;

“plan or project” has the same meaning as in F5the Habitats Directive;

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

“Ramsar site” has the same meaning as in section 37A of the Wildlife and Countryside Act 198110;

“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) or (3) of that Directive F6,

and for this purpose Article 5(1) of that Directive is to be read as if the words “Member States shall take appropriate measures to ensure that” were omitted;

F7“the Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on wasteF8, as last amended by F9Directive (EU) 2018/851