The Marine Licensing (Exempted Activities) (Amendment) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Marine Licensing (Exempted Activities) Order 2011 (S.I. 2011/409) (“the Principal Order”). The Principal Order specifies activities which are not to need a marine licence, or are not to need a marine licence if conditions specified in the Principal Order are satisfied. This Order (like the Principal Order) applies in relation to any area, and any licensable marine activity carried on in that area, in relation to which the Secretary of State is the appropriate licensing authority by virtue of section 113 of the Marine and Coastal Access Act 2009.

Articles 4, 5 and 6 of this Order make modifications to the conditions subject to which activities are not to need a marine licence under, respectively, articles 13 (relating to shellfish propagation and cultivation), 15 (relating to marine chemical substances, marine oil treatment substances and substances for removing surface fouling matter) and 17 (relating to scientific instruments, reagents and tracers). Article 4 also makes modifications to article 13 of the Principal Order to include the deposit of a marker (in the course of the propagation or cultivation of shellfish) as an activity which is not to need a marine licence by virtue of that provision.

Article 7 of this Order inserts new articles 17A and 17B into the Principal Order to specify additional activities which are not to need a marine licence. Article 17A relates to a removal activity carried on for the purpose of taking a sample for testing or analysis. Article 17B relates to a removal activity carried on for the purpose of removing objects accidentally deposited on the seabed.

Article 8 of the Order inserts a new article 18A into the Principal Order. Article 18A specifies a dredging activity carried on for the purpose of conserving or maintaining the navigation of an area of the sea as an activity which is not to need a marine licence.

Article 9 makes modifications to article 21 of the Principal Order (relating to the use of vehicles by local authorities to remove seaweed or litter from beaches) to specify an additional activity covered by that provision which is not to need a marine licence.

Article 11 makes modifications to article 25 of the Principal Order (relating to activities carried on by or with the consent of a lighthouse authority or harbour authority for the purpose of providing or removing a mooring of a certain description or an aid to navigation) to insert an additional condition subject to which activities are not to need a marine licence by virtue of article 25.

Article 12 inserts a new article 25A into the Principal Order. Article 25A specifies the deposit or removal of a pontoon by or with the consent of a harbour authority as an activity which is not to need a marine licence.

Article 13 inserts a new article 26A into the Principal Order. Article 26A specifies the deposit or removal of a temporary marker as an activity which is not to need a marine licence.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.