Presentation on: The Marine Licensing (Exempted Activities) Order (Northern Ireland) 2011

What is the Exemptions Order? Came about from the Marine and Coastal Access Act 2009 Came about from the Marine and Coastal Access Act 2009 It specifies activities which will not require a marine license It specifies activities which will not require a marine license These exempted activities will often have conditions attached These exempted activities will often have conditions attached Some of these exemptions are already in existence Some of these exemptions are already in existence

Considerations In making the Order, the Department must have regard to: The need to protect the environment The need to protect the environment The need to protect human health The need to protect human health The need to prevent interference with legitimate uses of the sea. The need to prevent interference with legitimate uses of the sea.

Why is an activity exempt? Licensed elsewhere Licensed elsewhere Emergency situation Emergency situation Low risk activity Low risk activity

Types of Exemption Exempted by NI legislation Exempted by NI legislation Exempted under Defra legislation (retained matters, i.e. Defence) Exempted under Defra legislation (retained matters, i.e. Defence) Exempted under the MCA Exempted under the MCA

Exemptions included under the MCA Certain maintenance dredging activity. (Harbours) Certain maintenance dredging activity. (Harbours) Works under a Harbour Order Works under a Harbour Order Certain electricity works Certain electricity works Electronic communications apparatus Electronic communications apparatus Submarine cables on the continental shelf Submarine cables on the continental shelf

List of Exemptions Fishing and Aquaculture Fishing – deposits and removal from sea bed and dredging Fishing – deposits and removal from sea bed and dredging Shellfish propagation and cultivation – deposits and removal from the sea bed and dredging Shellfish propagation and cultivation – deposits and removal from the sea bed and dredging

Shipping and Navigation Activities and safety directions under the Merchant Shipping Act 1995 Activities and safety directions under the Merchant Shipping Act 1995 Activities in the course of normal navigation or maintenance Activities in the course of normal navigation or maintenance Removal of obstruction or danger to navigation Removal of obstruction or danger to navigation Deposits and construction of mooring and aids to navigation Deposits and construction of mooring and aids to navigation

Oil and Chemical Treatments Permitted discharge etc of chemicals and oil Permitted discharge etc of chemicals and oil Deposits of approved marine chemical and marine oil treatment substances etc Deposits of approved marine chemical and marine oil treatment substances etc Deposit of equipment to control, contain or recover oil etc Deposit of equipment to control, contain or recover oil etc

Exemptions to cover emergency situations Fire fighting Fire fighting Deposit/removal of substances and objects to tackle pollution Deposit/removal of substances and objects to tackle pollution Emergency flood defence works Emergency flood defence works Coastal defence and flood protection Coastal defence and flood protection

Low risk activities Launching vessels Launching vessels Salvage Salvage Seaweed and litter removal (by vehicle) Seaweed and litter removal (by vehicle) Deposit/removal of scientific instruments Deposit/removal of scientific instruments

Other Exemptions Incidental deposits related to aggregates or mineral dredging Incidental deposits related to aggregates or mineral dredging Bored tunnels Bored tunnels Approved harbour maintenance Approved harbour maintenance

Waste Framework Directive Recovery or disposal of non-hazardous waste at the place of production Recovery or disposal of non-hazardous waste at the place of production Licensing Authority must keep a public register or exempt activities Licensing Authority must keep a public register or exempt activities The type and quantity of waste involved and the method of disposal or recovery must be consistent with the objectives of the Directive. The type and quantity of waste involved and the method of disposal or recovery must be consistent with the objectives of the Directive.

Conditions The Department has the power to specify conditions to the exemption. The Department has the power to specify conditions to the exemption. This enables the department to be specific regarding which aspect of an activity is exempt This enables the department to be specific regarding which aspect of an activity is exempt Enables flexibility regarding exemptions – easier to add or remove conditions in future Enables flexibility regarding exemptions – easier to add or remove conditions in future

Potential Issues Definition of scientific instrument Definition of scientific instrument Dredging Dredging Definition of Notify Definition of Notify Register of exemptions? Register of exemptions?

Next Steps Consultation closes 3 November 2010 Consultation closes 3 November 2010 Consult with Defra and NIEA Consult with Defra and NIEA Take legal advice Take legal advice Finalise legislation Finalise legislation Guidance Guidance

Any Questions?