Statutory guidance

Marine licensing exempted activities

Updated 30 May 2019

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If you intend to rely on exemption(s) you must make sure that you meet the relevant qualifying criteria. You might also need to notify the Marine Management Organisation (MMO) about your activities.

Use the marine licence interactive assistance tool to check whether an exemption applies or notify the MMO of the intention to carry out an exempt activity.

Enforcement action might be taken if it is later determined that the activity, or the circumstances in which it was carried out, are not consistent with the terms of the relevant exemption.

1. Markers, moorings and pontoons

1.1 Moorings and aids to navigation

Harbour authorities and lighthouse authorities do not need a licence to deposit, construct or remove any:

  • pile mooring
  • swinging mooring
  • trot mooring
  • aid to navigation

If you are not a harbour authority or a lighthouse authority you will not need a licence, provided you have consent from either authority as required under their local legislation. However, where this is the case you must notify the MMO of your intention to carry out the activity and rely on the exemption.

This exemption does not apply to the deposit or construction of pontoons.

Administrative action(s) required:

Non-harbour and lighthouse authorities – Notification of the intention to carry on the activity must submitted to the MMO

Full exemption – Article 25 of the 2011, 2013 and 2019 Orders

1.2 Temporary markers

The deposit of a marker that will be removed within 24 hours does not need a marine licence. The deposit of a marker that will be in place for more than 24 hours but removed within 28 days also does not require a marine licence but you must inform the MMO of your intention to carry out the activity beforehand.

The exemption does not apply to any activity that is likely to:

Administrative action required:

Markers in place for more than 24 hours but less than 28 days – Notification of the intention to carry on the activity must submitted to the MMO

Full exemption - Article 26A of the 2013 and 2019 Exempted Activities Orders

1.3 Pontoons

Harbour authorities do not require a marine licence to construct, deposit or remove a pontoon with a deck size of 30 square metres or less.

If you are not a harbour authority but you have consent from a harbour authority as required under their local legislation, you also will not need a licence. However, where this is the case you must inform the MMO of your intention to carry out the activity beforehand.

Administrative actions required:

Notification of the intention to carry on the activity must submitted to the MMO

Approval from the MMO is required if more than 10 pontoons have been constructed or deposited by; or with the consent required from and granted by; the relevant harbour authority in the six months before the proposed activity takes place.

Full exemption – Article 25A of the 2013 Exempted Activities Order

1.4 Markers for European marine sites and marine conservation zones

Natural England do not need a licence to place markers provided the purpose of the marker(s) is to indicate the existence and boundaries of European marine sites. Natural England may also remove markers placed for these purposes without a licence.

Public authorities do not need a licence to place markers provided the purpose of the marker(s) to indicate the existence and boundaries of a marine conservation zone. Public authorities may also remove makers placed for these purposes without a licence.

Administrative action required:

Notification of the intention to carry on the activity must be submitted to the MMO.

Approval from the MMO is required.

Full exemption – Article 26 of the 2011 Exempted Activities Order.

1.5 Diver trails within restricted areas

A licence from the MMO is not required for a deposit or removal activity for the purpose of placing, securing or removing signage or other identifying markers for divers on:

Activities on such wrecks, areas and sites do still require consent under the legislation set out from respective authorities.

Full exemption – Article 31 of the 2011 and 2019 Exempted Activities Order.

2. Litter

2.1 Recovery of Marine litter

The removal of marine litter, including abandoned and discarded fishing gear during the course of a diving activity does not require a licence.

’Marine litter’ means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment.

The exemption does not apply to any activity that is likely to:

This is covered by Article 21A of the 2019 Exempted Activities Order

2.2 Use of vehicles or vessels by harbour authorities to remove marine litter and debris

Harbour Authorities do not need a marine licence to remove litter and or debris from their jurisdiction.

‘Marine litter’ means any persistent, manufactured or processed solid material discarded, disposed of or abandoned in the marine and coastal environment.

‘Debris’ includes remnants from something that has been destroyed or pieces of unwanted or discarded material that are spread around.

The exemption does not apply to any activity that is likely to:

This is covered by Article 24A of the 2019 Exempted Activities Order

2.3 Use of vehicles to remove litter, seaweed or dead animals

The removal of litter, seaweed or dead animals from a beach or intertidal area using a vehicle does not require a licence provided the activity is carried out by or on behalf of a local authority.

“Intertidal area” means the area between the level of mean high water springs and the level of mean low water springs.

This exemption does not apply to Activities likely to have a significant effect on a marine protected area.

Administrative action(s) required:

  • Activities involving the removal of dead animals - Notification of the intention to carry on the activity must submitted to the MMO
  • Removal of litter or seaweed – No action required

This is covered by Article 21 of the 2011, 2013 and 2019 Exempted Activities Order

3. Scientific research

3.1 Scientific instruments

A marine licence is not required to deposit a scientific instrument or equipment associated with such an instrument, if the purpose of the deposit is to carry out a scientific experiment or survey at sea. A marine licence is not required to subsequently remove such a deposit at a later date.

This exemption does not apply to any deposit:

‘Chart Datum’ is the plane below which all depths are published on a navigational chart. It is also the plane to which all tidal heights are referred, so by adding the tidal height to the charted depth, the true depth of water is determined. By international agreement Chart Datum is defined as a level so low that the tide will not frequently fall below it. In the United Kingdom, this level is normally approximately the level of Lowest Astronomical Tide.

Administrative action(s) required:

Notification of the intention to carry on the activity must be submitted to the MMO.

This is covered by Article 17 of the 2011 and 2019 Exempted Activities Orders

3.2 Tracers and reagents

A marine licence is not required for the deposit of any tracers or reagent approved for use by the MMO provided that the tracer or reagent is also used in accordance with the conditions contained within the MMO’s approved list.

Administrative action(s) required:

Notification of the intention to carry on the activity must be submitted to the MMO.

This is covered by Article 17 of the 2011 Exempted Activities Order.

3.3 Samples for testing and analysis:

A marine licence is not required for the removal of up to 1 cubic metre of material for the purpose of taking a sample for testing or analysis.

This exemption does not apply to:

Administrative action(s) required:

Notification of the intention to carry on the activity must be submitted to the MMO.

This is covered by Article 17A of the 2013 Exempted Activities Order

4. Maintenance

4.1 Maintenance of harbour works

A marine licence is not required for the deposit, removal or works activity carried on by or on behalf of a harbour authority for the purpose of maintaining any harbour works.

This exemption does not apply to any activity outside the existing boundaries of the works being maintained.

This is covered by Article 23 of the 2011 Order.

4.2 Maintenance of coastal protection, drainage and flood defence works

A marine licence is not required for an activity carried out by, or on behalf of the Environment Agency, for the purpose of maintaining coast protection, drainage or flood defence works.

A marine licence is also not required for an activity carried out by, or on behalf of, the coast protection authority, the local authority or the Secretary of State for Defence, for the purpose of maintaining coastal protection work.

Coast protection work also includes:

  • beach re-profiling, which involves the movement of beach material in a cross-shore direction up or down the beach
  • beach recycling, which involves the movement of beach material along the beach from areas of accretion to areas of erosion within the beach or associated sediment system

This exemption does not apply to:

  • any activity is carried out outside the existing boundaries of the works being maintained
  • any activity that consists of beach replenishment

“Beach replenishment” means the addition of material from land-based, off-shore or other coastal sources not connected to the beach or its associated sediment system to replace material permanently lost from the system.

This is covered by Article 19 of the 2011 and 2019 Exempted Activities Orders.

5. Dredging

5.1 Dredging for harbour authorities

Section 75 of the Marine and Coastal Access Act 2009 sets out an exemption for dredging or the deposit of dredged material carried out by or on behalf of a harbour authority.

A marine licence is not required for dredging that is authorised by, and carried out in accordance with, a Harbour Order or Local Act.

Where the activity also relates to disposal of dredged material, a marine licence is not required if the disposal is authorised by, and carried out in accordance with, a Harbour Order or Local Act and the additional conditions are met.

The additional conditions are that:

  • the activity involves the relocation of sediments inside surface waters
  • the activity is for the purpose of: managing waters or waterways; preventing floods; mitigating the effects of floods or droughts; land reclamation
  • the MMO is satisfied that you have proven that the sediments are not hazardous waste

‘Surface waters’ is defined in Article 2 of the EU Waste Framework Directive (2000/60/EC) as “inland waters, except groundwater; transitional waters and coastal waters, except in respect of chemical status for which it shall also include territorial waters”.

The properties that determine if waste is hazardous are set out in Annex III to the EU Waste Framework Directive

Administrative action(s) required:

Approval must be secured from the MMO confirming satisfaction that the sediments are not hazardous waste where the activity also relates to disposal.

Full exemption – Section 75 of the Marine and Coastal Access Act 2009

A marine licence is not required for low volume navigational maintenance dredging activities.

This exemption does not apply if:

Please Note: Deposit of dredged material to sea is not permitted by this exemption. Disposal of dredged material to sea is a secondary activity and in most cases a marine licence will be required.

This is covered by Article 18A of the 2013 Exempted Activities Order.

5.3 Deposits in the course of aggregates or mineral dredging

A marine licence is not required to return any substance or object to the sea (at the site of the dredge) during the course of aggregate or mineral dredging.

Substances or objects includes items such as old munitions, litter or other items but excludes the aggregates or minerals being dredged. However, where it is safe for them to do so we strongly encourage vessels to return litter to the shore for recycling.

An aggregate dredger may also discharge water either by overflow returns through its scuppers or by pumping water from the hold of the vessel to drain a cargo. Dredgers do not need a marine licence for such discharges during such a dredging operation, on completion of dredging or on the return trip to port.

This is covered by Article 18 of the 2011 Exempted Activities Order.

6. Fishing and Shellfish

6.1 Shellfish propagation and cultivation

A marine licence is not required for the deposit and or any subsequent removal of any shellfish, trestle, cage, pole, rope, marker or line in the course of propagation and cultivation of shellfish.

The exemption does not apply to:

  • construction activities
  • deposits made for the purpose of creating, altering or maintaining an artificial reef
  • deposit made for the purpose of disposal
  • deposits that cause or will be likely to cause an obstruction or danger to navigation

Administrative action required:

Notification of the intention to carry on the activity must be submitted to the MMO.

This is covered by Article 13 of the 2011 and 2013 Exempted Activities Order.

6.2 Fishing operations

Fishermen do not need a marine licence to carry out any of the following in the course of a fishing operation:

  • deposit fishing gear
  • remove fish or take fish
  • remove fishing gear
  • deposit, by way of return to the sea, any fish or other object removed

The last point in the list recognises that fishing vessels may accidentally dredge or trawl large bulky items, such as old munitions and litter that may affect their stability. However, where it is safe for them to do so we encourage fishing vessels bring litter and debris to the shore for recycling.

“Fish” includes any part of a fish and also shellfish.

“Fishing gear” includes gear used to fish for or take shellfish, but does not include anything used in connection with propagation or cultivation of shellfish.

The exemption does not apply to deposits made for the purpose of disposal

This is covered by Article 12 of the 2011 Exempted Activities Order.

7. Cables, pipelines, oil and gas and carbon capture storage

7.1 Lay or maintain cables for the transfer of electricity or data

You will not a need a marine licence from the MMO to lay or maintain an ‘exempt cable’ outside English inshore waters.

An ‘exempt cable’ is a cable used for the transfer of data or electricity from one place to another (this does not include cables used to export electricity generated by a renewable energy array to a substation on land).

Where an ‘exempt cable’ runs through English inshore waters and English offshore waters, you will need a marine licence for the laying of new cables but the licence is only needed for the stretch of cable that falls within English inshore waters. The MMO must grant such a licence but may attach conditions to protect the environment, human health or other uses of the sea.

MMO UK jurisdiction - laying new cables

Where an exempt cable runs through English inshore and offshore waters a marine licence is not required to maintain the cable.

MMO UK jurisdiction maintaining cables

A marine licence is required from the MMO for any associated cable protection within the English waters or Northern Irish offshore waters.

This exemption does not apply to cables constructed or used in connection with:

  • exploration of the UK sector of the continental shelf
  • exploitation of natural resources of that sector
  • operations of artificial islands, installations and structures under UK jurisdiction
  • the prevention, reduction or control of pollution from pipelines

Please Note: Cables that run through devolved administration inshore areas will require consent from the respective administration.

This is covered by Section 81 of the Marine and Coastal Access Act 2009

7.2 Emergency inspection or repair of a cable

A marine licence is not required to carry out an emergency inspection or repair work to any cable.

”Emergency” means a serious, unexpected, and often dangerous situation requiring immediate action.

This exemption does not apply to:

  • the deposit of any associated cable protection
  • the deposit or use of any explosive substance or article

Notification of the intention to carry on the activity must be submitted to the MMO no later than 24 hours from of the time the activity commenced. The notification must specify:

  • the location of the emergency works
  • circumstances giving rise to the emergency
  • the nature of the emergency works

This is covered by article 34 of the 2011 and 2019 Exempted Activities order.

7.3 Oil and gas and carbon capture and storage

If you are exploring for, or producing, oil and gas you do not need a licence if you are:

  • searching for or extracting petroleum
  • constructing or maintaining an energy pipeline
  • establishing or maintaining an offshore energy installation
  • unloading, storing and recovering gas
  • storing carbon dioxide

These activities are regulated under the Petroleum Act 1998

Activities within the English waters and Northern Ireland offshore waters that require a permit under the Offshore Chemicals Regulations 2002 and the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 are exempt from requiring a marine licence from the MMO.

This exemption does not apply to the construction, alteration or improvement of any other pipeline. This is covered by Section 77 of the Marine and Coastal Access Act 2009

7.4 Emergency inspection or repair of a pipeline

A marine licence is not required to carry out an emergency inspection or repair work to any pipeline. ”Emergency” means a serious, unexpected, and often dangerous situation requiring immediate action.

This exemption does not apply to:

  • the deposit of any associated pipeline protection
  • the deposit or use of any explosive substance or article

Notification of the intention to carry on the activity must be submitted to the MMO no later than 24 hours from the commencement of the activity. The notification must specify the location, circumstances giving rise to and nature of the emergency works.

This is covered by article 34 of the 2011 and 2019 Exempted Activities Order.

8. Vessels

8.1 Launching of vessels

Launching of a vehicle, vessel, aircraft, marine structure or floating container does not require a licence.

‘Vehicle’, ‘vessel’, ‘aircraft’, ‘marine structure’ and ‘floating container’ are defined in Section 115 of the MCAA 2009.

This exemption does not apply to:

This is covered by Article 27 of the 2011 Exempted Activities Order.

8.2 Deposits in the course of normal navigation

A licence is not required for a deposit from a vehicle, vessel, aircraft or marine structure made in the normal course of its navigation or maintenance.

‘Vehicle’, ‘vessel’, ‘aircraft’, ‘marine structure’ and ‘floating container’ are defined in Section 115 of the MCAA 2009.

This exemption does not apply to:

  • deposits made for the purpose of disposal (including deposits resulting from in-water hull cleaning)
  • deposit or use of any explosive substance or article

This is covered by Article 22 of the 2011 Exempted Activities Order.

8.3 Hull cleaning

A marine licence is not required for the deposit of a substance from the hull of a vessel, in the course of in water hull cleaning, provided the cleaning is carried out by hand using:

  • a soft cloth
  • sponge
  • the bristles of a soft brush
  • sandpaper with a grit size of at least P2000

This is covered by Article 27A of the 2019 Exempted Activities Order.

8.4 Dismantling of ships

A marine licence is not required for a deposit or removal activity carried out as part of dismantling a ship that is waste.

‘Waste’ is defined in Article 3 of the EU Waste Framework Directive (2008/98/EC) as ‘any substance or object which the holder discards or intends or is required to discard’. Please refer to the Technical guidance WM3 on Waste classification.

This exemption does not apply to:

This is covered by Article 28 of the 2011 Exempted Activities Order.

8.5 Salvage

Activities carried out during an official salvage operation to ensure the safety of a ship or prevent pollution do not need a licence.

This exemption does not apply to the removal of wrecks or other objects of archaeological or historic interest.

This is covered by Article 9 of the 2011 Exempted Activities Order.

8.6 Rights of foreign vessels under international law

A licence is not required when activities are carried out in exercise of a right under rules of international law, by or in relation to:

  • a third country vessel (one which is not EU or UK vessel registered)
  • a warship, naval auxiliary or other vessel or aircraft owned or operated by a state and used only on government non-commercial service

“Third country vessel” means a vessel which:

  1. is flying the flag of, or is registered in, any State or territory (other than Gibraltar) which is not a member State; and
  2. is not registered in a member State This is covered by Article 37 of the 2011 Exempted Activities Order.

9. Pollution response

9.1 Deposit of equipment to control, contain or recover oil

A licence is not required for the deposit of any equipment intended to control, contain or recover oil, mixtures containing oil, chemicals, flotsam or algal blooms.

This exemption does not apply to the deposit or use of any explosive substance or article.

This is covered under Article 16 of the 2016 Exempted Activities Order.

9.2 Deposit of marine chemical and marine oil treatment substances

The exemption applies to products approved by the MMO, used in accordance with conditions set out by the MMO, for the purpose of:

  • dispersing or treating oil spills
  • treating chemical pollution
  • tackling fouling of the sea or seabed

Administrative action(s) required:

Approval to carry out the activity must be granted by the MMO.

Notifications and approvals under this category are handled outside the standard exemption process.

Please use this guidance if you need to use an oil or chemical treatment product or report a marine pollution incident.

This is covered by Article 15 of the 2011 Exempted Activities Order.

9.3 Activities falling within Part 6 of the Merchant Shipping Act 1995

Activities falling within the subject matter of Part 6 of the Merchant Shipping Act 1995 (prevention of pollution) do not require a licence.

This includes:

  • deposit of oil or mixtures containing oil
  • deposit or incineration of garbage originating in or on the vessel
  • deposit of cooling water or ballast water

This is covered by Article 7 of the 2011 Exempted Activities Order.

10. Emergency, safety and training

10.1 Emergency works in response to flood or flood risk

A marine licence is not required for activities carried out by or on behalf of the Environment Agency for emergency works in response to any flood, or the imminent risk of flooding.

”Emergency” means a serious, unexpected, and often dangerous situation requiring immediate action.

Administrative action required:

Notification of the intention to carry on the activity must be submitted to the MMO no later than 168 hours from the time the activity commenced. The notification must specify:

  • the location of the emergency works
  • circumstances giving rise to the emergency
  • the nature of the emergency works

This is covered by Article 20 of the 2011 and 2019 Exempted Activities Orders.

10.2 Cables and pipelines – emergency inspection or repair

A marine licence is not required to carry out an emergency inspection or repair work to any cable or pipeline.

”Emergency” means a serious, unexpected, and often dangerous situation requiring immediate action.

This exemption does not apply to:

  • the deposit of any associated cable or pipeline protection
  • the deposit or use of any explosive substance or article

Administrative action required:

Notification of the intention to carry on the activity must be submitted to the MMO no later than 24 hours from of the time the activity commenced. The notification must specify:

  • the location of the emergency works
  • circumstances giving rise to the emergency
  • the nature of the emergency works

This is covered by article 34 of the 2011 and 2019 Exempted Activities Orders.

10.3 Removal of obstruction or danger to navigation

A conservancy authority, harbour authority, lighthouse authority or a body with powers to maintain a canal or other inland navigation, including navigation in tidal waters, do not need a licence to remove anything causing or likely to cause an obstruction or danger to navigation.

This is covered by Article 24 of the 2011 Exempted Activities Order.

10.4 Accidental deposits

A marine licence is not required for the removal an object accidentally deposited on the seabed. This exemption is intended to allow the removal of objects including but not limited to, lost anchors, rock and equipment.

This exemption does not apply to:

Administrative action required:

Notification of the intention to carry on the activity must be submitted to the MMO.

This is covered by Article 17B of the 2013 Exempted Activities Order

10.5 Coastguard activities – safety purposes and training

A marine licence is not required for an activity carried out by or on behalf of the Maritime and Coastguard Agency for the purpose of securing the safety of a vessel, aircraft or marine structure, saving life or to train for such situations.

This is covered by Article 32 of the 2011 Exempted Activities Order.

10.6 Flares and other such items for safety purposes and training

A marine licence is not required for the deposit and use of smoke floats, distress flares or similar pyrotechnic substance or object for the purpose of securing the safety of a vessel, aircraft or marine structure, saving life or to train for such situations.

This is covered by Article 33 of the 2011 Exempted Activities Order.

10.7 Safety directions under the Merchant Shipping Act 1995

When an accident has occurred to or in a ship and there is a risk to safety or of pollution then a licence is not required for any action resulting from directions given by the Government to the owner, master and others in control of a ship. The Secretary of State has appointed a representative who will, in practice, normally issue these directions.

This is covered by Article 8 of the 2011 Order.

10.8 Fire fighting

A marine licence is not required for the purpose of fighting, or preventing the spread of, any fire.

This is covered by Article 10 of the 2011 Exempted Activities Order.

11. Miscellaneous

11.1 Scheduled works under the Crossrail Act 2008

A licence is not required for an activity carried out within the limits of deviation for scheduled works in exercise of powers conferred by the Crossrail Act 2008 in relation to those works or any work in connection with them.

“Limits of deviation” are defined in section 56(1) of the 2008 Act and “scheduled works” are defined in Section 1(1) of the 2008 Act.

This is covered by Article 29 of the 2011 Order.

11.2 Licensed deep sea mining

A licence is not required to carry out a deep sea mining activity which is regulated under the Deep Sea Mining (Temporary Provisions) Act 1981.

This is covered by Article 30 of the 2011 Exempted Activities Order.

11.3 Bored tunnel

Activities associated with the construction or operation of a bored tunnel that are carried out wholly under the seabed do not need a licence.

This exemption does not apply to:

  • the deposit of material for the purpose of disposal
  • activities that take place on the sea bed or in the sea
  • the construction of the tunnel does not significantly adversely affect the environment of the UK marine area or the living resources that it supports

Administrative action required:

Notification of the intention to carry on the activity must be submitted to the MMO.

This is covered by Article 35 of the 2011 Exempted Activities Order.

11.4 Defence activities

A marine licence is not required for activities carried on in defence of the realm by or on behalf of:

  • naval, military or air forces of the crown (including reserve forces and the Royal Fleet Auxiliary)
  • a visiting force

The exemption does not apply to:

This is covered by Article 36 of the 2011 Exempted Activities Order.

11.5 Air accident investigation

A marine licence is not required for activities carried out to recover any substance or object as part of an official investigation into an accident involving aircraft.

The exemption does not apply to the salvage of historic aircraft.

This is covered by Article 11 of the 2011 Exempted Activities Order.

11.6 Activities in the Scottish Inshore Region

The Scottish Inshore Region is 0-12 nautical miles off the coast of Scotland. Activities carried out in the Scottish Inshore Region require a licence from the Scottish Executive under the Marine (Scotland) Act 2010.

A licence from the MMO is not required for activities carried out in the Scottish Inshore Region.

This exemption seeks to remove duplication that would be otherwise caused by the requirement to obtain a licence under the Marine and Coastal Access Act 2009 and under the Marine (Scotland) Act 2010.

This is covered by Article 38 of the 2011 Exempted Activities Order.

12. Common conditions for exemptions

Most exemptions contain conditions which must be met before the exemption can be said to apply. The conditions vary from one exemption to another but there are some common themes:

12.1 Notifications

Advanced notification

Many exemptions include a condition which requires notification of the intention to carry on the activity must be given to the MMO before the activity takes place. If you intend to carry out an activity under an exemption you must first give notice to the MMO via the Marine Case Management System.

Approval

Some exemptions include a condition which requires that approval is granted by the MMO via the Marine Case Management System before beginning any work. In such cases notification of the intention to carry out the activity must be submitted to the MMO. The MMO will then consider whether or not it is appropriate to give approval. In these instances no activity must take place until approval has been granted by the MMO.

Where a notification is given you must describe the nature of the proposed activity and the need for it. You must also clearly demonstrate which of the exemptions you are relying on and how you meet each of the conditions.

Retrospective notification

Selected exemptions permit activity to begin in advance of notification being provided to the MMO in certain emergencies. In such cases notification must be given to the MMO via the Marine Case Management System within a period defined in the exemption. That notification must include the location of the emergency works, the circumstances giving rise to it and the nature of the emergency works undertaken. These must be submitted along with information to clearly demonstrate which of the exemptions you are relying on and how you meet each of the conditions.

You should submit notifications online, through the Marine Case Management System.

Some exemptions include a condition which sets out that the exemption does not apply to any such deposit that causes or is likely to cause obstruction or danger to navigation. It is very important you are satisfied in this regard before carrying out the proposed activity.

The MMO considers that anything placed in the marine area could be considered to be a hazard, but we take the practical view that a hazard only becomes a danger for the purposes of the exemption when the risk it presents is one which is greater than low. That said, even where a risk is identified as being low, thus satisfying the relevant part of the exemption we expect applicants to take reasonable steps to reduce risks to as low as reasonably practicable (‘ALARP’) through the implementation of proportionate mitigation.

Appropriate mitigation and advice in respect of such measures in ordinary circumstances can be sought from navigational advisors including for example Trinity House, Maritime and Coastguard Agency and/or the relevant harbour authority.

You are strongly advised to check with the relevant harbour authority. If the proposed activity falls outside of the jurisdiction of a harbour you should check with the Maritime and Coastguard Agency and Trinity House.

In the exemption notification to the MMO you will need to explain why you believe the proposed activity does not cause an obstruction or risk to navigation and detail any steps you have taken to engage with relevant bodies set out above.

Enforcement action might be taken if it is later determined that the activity, or the circumstances in which it was carried out, cause an obstruction or danger to navigation and detail any steps you have taken to engage with relevant bodies set out above.

12.3 Environmental Risk

Marine protected areas

Some exemptions do not apply where the proposed activity would affect an area, or areas, that are protected under certain conservation legislation. You must be satisfied that your activity will not have such an effect.

There are different thresholds in different conservation laws and this is reflected in the conditions contained in relevant exemptions.

The thresholds cover whether a plan or project (either alone or in combination with other plans or projects) is:

  • likely to have a significant effect on a Special Area of Conservation designated under the EU Habitats Directive or a Special Protection Area classified under the Birds Directive
  • likely to have a significant effect on a Ramsar site (i.e. Wetlands of International Importance)
  • capable of significantly affecting the protected features of a Marine Conservation Zone (MCZ) or any ecological or geomorphological process on which the conservation of any protected feature of an MCZ is dependent (either wholly or in part).

You should contact the relevant nature conservation body if you are in any doubt. This is Natural England for inshore waters within 12 miles of the coast or the Joint Nature Conservation Committee for offshore waters.

In the exemption notification to the MMO you will need to explain why you believe relevant conditions are met and detail any steps you have taken to engage with relevant bodies set out above.

Enforcement action might be taken if it is later determined that the activity, or the circumstances in which it was carried out, breach one or more of the set thresholds.

Your assessment must not take into account mitigation measures when you are assessing whether your plan or project is likely to have a significant effect on a European or RAMSAR site. If your assessment concludes, in the absence of mitigation measures, that your plan or project will have a likely significant effect on the European or RAMSAR site then the exemption will not apply and a marine licence will be required. You will then be subject to the standard marine licensing process.

‘Mitigation measure’ should be taken to mean a measure specifically included in a proposal to avoid, cancel or reduce an impact.

‘Likely’ should be taken to mean an effect that could happen if its occurrence cannot be ruled out, based on the best available evidence.

An effect is to be considered ‘significant’ if it undermines the conservation objectives for the site.

Any plan or project which will result in the permanent loss of, or the lasting and/or irreparable loss of habitat (no matter how small) will be likely to have a significant effect on a European or RAMSAR site. Such activities will not meet the terms of any exemption which contains the relevant condition and must be considered under the standard marine licensing process where the full implications for the site can be assessed.

Conservation advice packages can be found here.

Waterbodies

Some exemptions do not apply if the proposed activity is one that has, or is likely to, have an effect on a body of water:

  • preventing the achievement of any of the environmental objectives listed in the relevant river basin management plan
  • causing environmental damage

You must be satisfied that your activity will not have such an effect.

You should consider the Environment Agency’s guidance about complying with the Water Framework Directive in relation to marine dredging. You should contact the Environment Agency if you are in any doubt.

In the exemption notification you send to the MMO you will be required to explain how you consider the condition is met and detail any steps you have taken to engage with relevant bodies set out above.

Enforcement action might be taken if it is later determined that the activity, or the circumstances in which it was carried out, cause environmental damage or prevent the achievement of environmental objectives.

Historic environment

Some exemptions do not apply if the proposed activity is one that is likely to cause damage to features of archaeological or historic interest.

“Archaeological or historic interest” includes all traces of human existence having a cultural, historical or archaeological character, such as:

  • sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context
  • vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and objects of prehistoric character

You must be satisfied that your activity will not have such an effect. You should contact Historic England if you are in any doubt.

In the exemption notification you send to the MMO you will be required to explain how you consider the condition is met and detail any steps you have taken to engage with relevant bodies set out above.

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