Marine Licensing - Wales
Marine licensing in Welsh waters
Do I need a marine licence?
A Marine Licence is required for licensable activities defined in the听,听involving the deposit or removal of a substance or material below the Mean High Water Springs Mark, or in any tidal river to the extent of the tidal influence. The听听handed responsibility for marine licensing in the Welsh offshore region to Welsh Ministers, and marine licences in both inshore and offshore Welsh waters are now issued by听' (NRW) Marine Licensing Team (MLT). Licensable activities include deposits, construction, alteration or improvements, removals and navigational dredging.听
Activities that require a licence are grouped into three bands, with no statutory decision timescales. Band One activities are low risk activities, which are aimed to be determined within 10 weeks. Band Two activities include small to medium scale construction, alteration or improvement of works and maintenance navigational dredging, with decisions aimed to be made within four months. Band three applies to more complex activities, for which there is no time limit set for a decision. 听
Forms to submit a marine licence application are available on the听. 听
In order to apply for a marine licence, you may also need to:
- carry out an Environmental Impact Assessment under the听;听
- carry out a Habitat Regulations Assessment under the听;
- ensure any activities licensed are compliant with the听听(WFD); and
- ensure any activities licensed are compliant with the听.
The Marine Licensing regime is enforced by听.听
Exemptions
Some activities are exempt from needing a marine licence. These are set out in听, and include activities such as the deployment of scientific equipment. Notification of any exempt activity, as well as proof of meeting certain criteria, may be required. There are also some other activities that do not require a licence such as听dredging and associated disposal authorised under local Acts or Harbour Orders. 听
Exempted activities relevant to recreational boating include:
- launching of vessels;
- deposits in the normal course of navigation (such as anchoring);
- deposit or removal of moorings and aids to navigation by a harbour authority, lighthouse authority, or someone acting on their behalf; and
- deposit or use of flares for safety or training purposes.听
Band One Low Risk Activities
Band One activities have a simpler licensing process, designated for activities defined as low risk. These are laid out on the . Band one activities relevant to recreational boating include:
- repair or replacement of bolts, flaps, valves, decking on a pier or pontoon;
- replacing render or concrete, including resurfacing slipways;
- replacement of single pile of the same diameter or less, using non-percussive piling methodology;
- removal of marine growth and/or guano from structures and assets other than vessels;听
- scaffolding/access towers to facilitate the maintenance of existing structures;
- the installation of ladders at any building or structure;
- deposit and subsequent removal of marker buoys; and
- deposit and subsequent removal of posts for the purposes of marking channels, shallow water areas, outfalls and groynes.听
The activity also has to meet certain other criteria, laid out in听. A method statement is also required for certain activities and for those in sensitive areas.听
Fees
Information on fees is available on the听.听
Protected Areas
Any project within or adjacent to a European protected site will need a听听(HRA). This includes听Special Areas of Conservation听(SACs),听Special Protection Areas听(SPAs) and听Ramsar听sites.听
Environmental Impact Assessments
Some types of project require an听听(EIA).听听can be carried out prior to a marine licence application to determine whether an EIA is required in relation to the proposed works.听Where an Environmental Statement (ES) is required, a potential applicant can request a ' opinion' as to the data and information to be included in the ES.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听 with the WFD with a marine licence application.听
Further Consents
- The Crown Estate require consent for any seabed intrusive works within 12 nautical miles of the coast.
- NRW need to provide consent for works in any听Site of Special Scientific Interest听(SSSI). Designated sites can be searched for听.听
- An听听may be required.听
- European Protected Species Licensing exists for both听听and听听species.听
Further information on consents and permitting can be found on the听.听
Alternatively, contact the 911制品Planning Officer at听planning@rya.org.uk