PART 2 E+WExempt activities – general provisions

Exemption from need for marine licence E+W

4.—(1) A marine licence is not needed for an activity carried on in Wales [F1 , the Welsh inshore region or the Welsh offshore region] that is an exempt activity.

(2) An activity is an exempt activity to the extent that—

(a) it is an activity to which this article applies (1); and

(b) where the application of this article to an activity is subject to a condition specified in Part 3, that condition is satisfied in relation to that activity.

(3) But this is subject to paragraph (4) and article 5.

(4) Nothing in this Order makes an activity an exempt activity to the extent to which the carrying on of the activity is contrary to international law.

Textual Amendments

F1 Words in art. 4(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 46(7), 71(4) (with Sch. 7 paras. 1, 6, 9); S.I. 2017/1179, reg. 3(j)

Commencement Information

I1 Art. 4 in force at 6.4.2011, see art. 1(2)

Activities relating to disposal or recovery of waste E+W

5.—(1) An activity carried on by an establishment or undertaking involving the disposal or recovery of waste is not an exempt activity unless the conditions in this article are satisfied.

(2) Condition 1 is that the establishment or undertaking is carrying out—

(a) disposal of its own non-hazardous waste at the place of production; or

(b) recovery of waste.

(3) Condition 2 is that the type and quantity of waste involved, and the method of disposal or recovery, are consistent with the need to attain the objectives mentioned in Article 13 of the Waste Framework Directive.

(4) Condition 3 is that the establishment or undertaking must be registered with the [F2 Natural Resources Body for Wales].

(5) The [F3 Natural Resources Body for Wales] must, for the purposes of paragraph (4), maintain a register containing the name and address of any establishment or undertaking carrying on an exempt activity involving the disposal or recovery of waste in the licensing authority’s area.

(6) The register may be kept in any form.

(7) In this article—

(a) “establishment” and “undertaking” have the same meaning as in articles 23 and 24 of the Waste Framework Directive;

(b) “non-hazardous waste” has the same meaning as in the Waste Framework Directive;

(c) “recovery” has the meaning given by Article 3 of the Waste Framework Directive.

Textual Amendments

F2 Words in art. 5(4) substituted (1.4.2013) by The Marine Licensing (Delegation of Functions) (Wales) Order 2013 (S.I. 2013/414), arts. 1(2), 5(2) (with arts. 2, 7)

F3 Words in art. 5(5) substituted (1.4.2013) by The Marine Licensing (Delegation of Functions) (Wales) Order 2013 (S.I. 2013/414), arts. 1(2), 5(2) (with arts. 2, 7)

Commencement Information

I2 Art. 5 in force at 6.4.2011, see art. 1(2)

(1)

Part 3 sets out the activities to which this article applies.