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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 It specifies activities which will not require a marine license

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

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

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

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

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

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

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

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

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

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

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

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

  13. Waste Framework Directive • Recovery or disposal of non-hazardous waste at the place of production • 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.

  14. Conditions • 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 • Enables flexibility regarding exemptions – easier to add or remove conditions in future

  15. Potential Issues • Definition of scientific instrument • Dredging • Definition of Notify • Register of exemptions?

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

  17. Any Questions?

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