Marine Licensing - Northern Ireland
Advice on marine licensing in Northern Ireland
A Marine Licence is required under the听听(Part 4) for activities involving the deposit or removal of a substance or object below the Mean High Water Springs Mark or in any tidal river to the extent of the tidal influence, and up to the boundary of the UK territorial seas. Marine licensing for Northern Irish inshore waters is carried out by the听听of the Department of Agriculture, Environment and Rural Affairs (DAERA). For offshore waters, marine licensing lies under the jurisdiction of the听听(MMO).
Inshore Waters
Marine licensing for Northern Irish inshore waters is carried out by the听听of the Department of Agriculture, Environment and Rural Affairs (DAERA). Types of activity that may require a marine licence include听听(e.g. moorings, pontoons, jetties, marinas, piers, slipways etc.), and听. More information can be found in DAERA听.
DAERA have guidance on the听听for a marine licence. While there is no statutory timeframe associated with an application, the Marine and Fisheries Division aim to process each application within four months of receiving all relevant documentation. The consultation phase lasts 28 days.
For more information as to whether your activity might need a marine licence, please look on our 'Which activities need a marine licence?' page.听
In order to apply for a marine licence, you may also need to:
- carry out an听听under the听;
- carry out a Habitat Regulations Assessment under the听; and
- ensure any activities licensed are compliant with the听 (WFD).
Exemptions
Not all activities require a licence however. Some low risk or otherwise well-controlled activities are exempt under the听. DAERA also produce further guidance on听.
Exempt activities include:
- Dredging on behalf of a harbour authority.
- Harbour and lighthouse authorities do not need a licence to deposit or remove piled or swing moorings or aids to navigation (such as marker buoys).
- A conservancy, harbour, lighthouse or navigation authority do not need a marine licence to remove anything causing or likely to cause an obstruction or danger to navigation.
- Deposits of any substance or object in the normal course of navigation do not require a marine licence. This is to allow routine activities such as the deposit of anchors to be carried out without the need for a licence.
- Launching a vessel.
- Maintenance of coast protection, drainage and flood defence works.
The marine licensing process
Details of the marine licensing process are available from the听, and in their听. The guidance note covers the pre-application and application stages, as well as post-consent variations. Further information is available on the DAERA website on听,听, and听. A list of guidance notes can also be found on the DAERA听. Details of marine licences are available through the听. The DAERA website also lists听听for the Marine Strategy and Licensing Branch for further information.
Protected Areas
Any project within or adjacent to a European protected site may need a Habitats Regulations Assessment听(HRA). This includes听Special Areas of Conservation听(SACs),听Special Protection Areas听(SPAs) and听Ramsar听sites. HRA Screening can be conducted at the pre-application stage to determine whether a project is likely to have a significant effect on the protected site. If the HRA determines the project has the potential to have a Likely Significant Effect (LSE), an Appropriate Assessment (AA) will be required. More information is available from a DAERA听听note, and the DAERA听.
Environmental Impact Assessments
Some types of project require an Environmental Impact Assessment听(EIA). Screening can be carried out prior to a marine licence application to determine whether an EIA is required in relation to the proposed works. Where an Environmental Statement (ES) is required, a potential applicant can request a 'scoping opinion' as to the data and information to be included in the ES. More information is available from DAERA guidance notes on the听听and on the听.
Water Framework Directive
The听听(WFD) protects waters between the Mean Low Water Mark (MLWM) to one nautical mile offshore. You may need to show compliance with the WFD with a marine licence application. More information is available from a DAERA听 note.
Further Consents
Further consents may be required, particularly when projects extend into the inter-tidal area, or on land, including:
- Planning permission from Local Council Planning Service.
- Where a proposed activity may affect an听Area of Special Scientific Interest听(ASSI),听听must be gained jointly from the Northern Ireland Environment Agency (NIEA) and Marine and Fisheries Division.
- 听require consent for any seabed intrusive works within 12 nautical miles of the coast.
- Activities involving any听听or any works in, over or adjacent to a watercourse require consent from the Rivers Agency.听听are for consents to discharge storm water to a watercourse, construct a bridge across or culvert a watercourse, divert a watercourse, cross under / over a watercourse, or other works adjacent to or affecting a watercourse.
- A wildlife licence for听听or听听species may be required if there is a risk of disturbance to a protected species.
Offshore Waters
For offshore waters, marine licensing lies under the jurisdiction of the听听(MMO). Information on the MMO marine licensing process is available on the听. Further explanation is also available through the听911制品marine licensing pages.
