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Marine licensing guidance 2 Construction _including renewables

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Marine licensing guidance 2 Construction _including renewables Powered By Docstoc
					Marine licensing guidance 2
Construction (including renewables) and removals
April 2011
Contents 
1.0 Introduction .......................................................................................................... 4 
   1.1 Does the Project Require a Marine Licence? ................................................... 4 
2.0 Construction (including renewables) .................................................................... 7 
   2.1 Coastal Defences ............................................................................................. 8 
   2.2 Maintenance of Coast Protection, Drainage and Flood Defence Works ........... 8 
   2.3 Emergency Works in Response to Flood or Flood Risk.................................... 8 
   2.4 Energy Generation............................................................................................ 8 
   2.5 Harbour / Navigation Works .............................................................................. 9 
   2.6 Maintenance of Harbour Works ........................................................................ 9 
   2.7 Moorings and Aids to Navigation ...................................................................... 9 
   2.8 Land Reclamation ............................................................................................. 9 
   2.9 Oil and Gas Activities and Carbon Capture Storage ....................................... 10 
   2.10 Pier ............................................................................................................... 10 
   2.11 Scour Protection ........................................................................................... 11 
   2.12 Slipways ....................................................................................................... 11 
   2.13 Pipelines and Cables .................................................................................... 11 
      2.13.1 Pipelines................................................................................................. 11 
      2.13.2 Cables .................................................................................................... 12 
   2.14 Barrage and Islands ...................................................................................... 13 
   2.15 Miscellaneous ............................................................................................... 13 
   2.16 Shellfish Propagation and Cultivation ........................................................... 13 
   2.17 Scientific Instruments .................................................................................... 13 
3.0 Removals ........................................................................................................... 15 
   3.1 What is a Wreck?............................................................................................ 15 
   3.1.1 Protected Wrecks in the UK ......................................................................... 15 
      3.1.2. The Protection of Wrecks Act 1973 ......................................................... 15 
      3.1.5 The Protection of Military Remains Act 1986 ........................................... 16 
      3.1.8 Ancient Monuments & Archaeological Areas Act 1979 ............................ 17 
      3.1.9 Other Types of Protection ........................................................................ 17 
   3.1.10 The Receiver of Wreck .............................................................................. 17 
   3.1.11 Reporting Wrecks ...................................................................................... 18 
   3.1.12 Treasure .................................................................................................... 18 
   3.1.13 Marine Licence for Wreck Removal ........................................................... 18 
   3.2 Litter................................................................................................................ 19 
   3.3 Scientific Instruments ...................................................................................... 19 

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3.4 Pipelines ......................................................................................................... 20 
3.5 Cables ............................................................................................................ 20 
3.6 Mineral Extraction ........................................................................................... 20 
3.7 Specific Removal Exemptions ........................................................................ 21 
   3.7.1 Removal of Obstruction or Danger to Navigation ..................................... 21 
   3.7.2 Shellfish Propagation and Cultivation ....................................................... 21 




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1.0 Introduction
The Marine Management Organisation (MMO) carries out licensing and enforcement
functions under the Marine and Coastal Access Act (MCAA) Part 4, on behalf of the
Secretary of State in the English inshore region and all English, Welsh and Northern
Ireland offshore regions.

In determining an application for a marine licence, it is the duty of the MMO, under
section 2 of the Act, to ensure that the carrying on of activities by persons in the
MMO's area is managed, regulated or controlled.

The purpose of this guidance is to:
   • Introduce applicants to construction and removal activity types;
   • Detail any applicable exemptions;
   • Identify whether a proposed project requires a marine licence or is subject to
      an exemption;
   • Identify whether there are likely to be other consents or permissions that may
      be required (whether or not issued by the MMO or another regulatory body or
      Department).

In determining an application for a marine licence the MMO 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; and
    • Such other matters as the MMO thinks relevant.

The MMO will also make decisions in accordance with marine policy documents (the
Marine Policy Statement and Marine Plans) unless relevant considerations indicate
otherwise, and will therefore contribute to the achievement of sustainable
development.
1.1 Does the Project Require a Marine Licence?
Part 4 of the MCAA (marine licensing) states that a marine activity to do with any of
the following requires a marine licence:

   •   To deposit any substance or object within the UK marine licensing area,
       either in the sea or on or under the sea bed, from:
               Any vehicle, vessel, aircraft or marine structure;
               Any container floating in the sea; or
               Any structure on land constructed or adapted wholly or mainly for the
               purpose of depositing solids in the sea.

   •   To deposit any substance or object anywhere in the sea or on or under the
       sea bed from:
             A British vessel, British aircraft or British marine structure, or
             A container floating in the sea, if the deposit is controlled from a British
             vessel, British aircraft or British marine structure.



                                                                                        4
   •   To deposit any substance or object anywhere in the sea or on or under the
       sea bed from a vehicle, vessel, aircraft, marine structure or floating container
       which was loaded with the substance or object:
             In any part of the United Kingdom except Scotland, or
             In the UK marine licensing area.

   •   To scuttle any vessel or floating container in the UK marine licensing area.

   •   To scuttle any vessel or floating container anywhere at sea, if the scuttling is
       controlled from a British vessel, British aircraft or British marine structure.

   •   To scuttle any vessel or floating container anywhere at sea, if the vessel or
       container has been towed or propelled, for the purpose of that scuttling:
              From any part of the United Kingdom except Scotland, or
              From the UK marine licensing area, unless the towing or propelling
              began outside that area.

   •   To construct, alter or improve any works within the UK marine licensing area
       either:
               In or over the sea, or
               On or under the seabed.

   •   To use a vehicle, vessel, aircraft, marine structure or floating container to
       remove any substance or object from the sea bed within the UK marine
       licensing area.

   •   To carry out any form of dredging within the UK marine licensing area
       (whether or not involving the removal of any material from the sea or sea
       bed).

   •   To deposit or use any explosive substance or article within the UK marine
       licensing area either in the sea or on or under the sea bed.

   •   To incinerate any substance or object on any vehicle, vessel, marine
       structure or floating container in the UK marine licensing area.

   •   To incinerate any substance or object anywhere at sea on:
              A British vessel or British marine structure, or
              A container floating in the sea, if the incineration is controlled from a
              British vessel, British aircraft or British marine structure.

   •   To load a vehicle, vessel, aircraft, marine structure or floating container in any
       part of the United Kingdom except Scotland, or in the UK marine licensing
       area, with any substance or object for incineration anywhere at sea.

Any activity seaward of mean high water springs (MHWS) will require a licence if it
falls within the 13 categories above, unless an appropriate exemption applies. You
should contact the MMO to discuss whether your proposal can be considered as an
exempt activity under the Marine Licensing (Exempted Activities) Order 2011.

                                                                                          5
Dredging includes any device to move any material (whether suspended or not)
from one part of the sea or seabed to another. Therefore, hydrodynamic dredging
and plough dredging are activities that are licensable under the MCAA but weren’t
under The Food and Environment Protection Act 1985 (the previous licensing
regime).

Incineration means the combustion of a substance or object for the purpose of its
thermal destruction.

The UK marine licensing area consists of the UK marine area 1 , other than the
Scottish inshore region.

Please refer to the Marine Licensing Guidance No. 1: Overview and Process for
detailed information about each step in the application process and how to apply
online.




1
    “UK marine area” consists of the following:
      a) The area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom;
      b) Any area of sea within the limits of the exclusive economic zone;
      c) The area of sea within the limits of the UK sector of the continental shelf (so far as not falling
         within the exclusive economic zone and includes the bed and subsoil of the sea within those
         areas.

The area of sea mentioned in c) is to be treated as part of the UK marine area for any purpose only to
the extent that such treatment for that purpose does not contravene any international obligation
binding on the United Kingdom or Her Majesty’s government.

In this section “sea” includes:
Any area submerged at mean high water spring tide, and
The waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide.

The area of sea mentioned includes waters in any area:
   • Which is closed, whether permanently or intermittently, by a lock or other artificial means
       against the regular action of the tide, but
   • Into which seawater is caused or permitted to flow, whether continuously or from time to time,
       and
   • From which seawater is caused or permitted to flow, whether continuously or from time to
       time.


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  2.0 Construction (including renewables)
  Construction applies to a wide range of activities including:
    • Energy generation;
    • Harbour / navigation works;
    • Land reclamation;
    • Oil and Gas activities and carbon dioxide storage works;
    • Piers,
    • Scour protection;
    • Slipways;
    • Cables and pipelines;
    • Barrage and islands;
    • Bank stabilisation;
    • Miscellaneous, e.g. shellfish aquaculture and cultivation.

  A marine licence is required to construct, alter or improve any works within the UK
  marine licensing area either:
     • In or over the sea; or
     • On or under the sea bed.

Q: If a company wants to construct a bridge over an estuary where no part of
the bridge will be below mean high water springs will the activity require a
marine licence?

A: Yes. The MCAA states that to construct, alter or improve works over the sea is a
licensable activity.

Q: A few years after construction has finished the company wants to re-lay the
road surface. Will this require a marine licence?

A: No. The MMO does not class this as constructing, altering or improving but rather
maintenance of the structure.


  Construction projects may trigger the requirement for a formal environmental impact
  assessment and similarly, where the project is within or adjacent to a European site
  it may trigger the need for a Habitats Regulation Appraisal under The Conservation
  of Habitats and Species Regulations 2010 (as amended).

  Consents from other regulators may also be required particularly where they extend
  into inter-tidal areas or are partly land-based, e.g. planning permission from the
  Local Planning Authority.

  The following sections list different types of construction activities, their sub-
  categories and any relevant exemptions. Please contact the MMO to discuss the
  licensing requirements of your project.




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2.1 Coastal Defences
Within this category of construction, there are many sub-categories including the
following:
    • Armour facing;
    • Artificial reefs;
    • Berms;
    • Wave screens;
    • Breakwaters;
    • Groynes;
    • Revetments; and
    • Sea walls.
2.2 Maintenance of Coast Protection, Drainage and Flood Defence Works
An activity carried out by or on behalf of the Environment Agency for the purpose of
maintaining the following is exempt from requiring a marine licence:
   • Coast protection works;
   • Drainage works; or
   • Flood defence works.

An activity carried out by or on behalf of a Coast Protection Authority for the purpose
of maintaining coast protection works is exempt from requiring a marine licence 2 .

This exemption is subject to the condition that the activity is carried out within the
existing boundaries of the works being maintained.

This exemption does not apply to an activity which consists of beach replenishment
works.
2.3 Emergency Works in Response to Flood or Flood Risk
An activity carried out on or behalf of the Environment Agency for the purpose of
executing emergency works in response to any flood or the imminent risk of flood is
exempt from requiring a marine licence.

This exemption is subject to the condition that the activity may only be carried out in
accordance with an approval granted by the MMO for that purpose.

The MMO definition of emergency works is:

Works where urgent permission is required to shore up / make safe only, an existing
structure / development / project (possibly in response to a recent event) where
human health, property or the environment are at imminent risk. These works will
only be classed as an emergency where there is no realistic possibility that the
applicant can proceed through the normal application process or a fast tracked
version of the process without posing a higher risk.
2.4 Energy Generation
Within this category of construction, there are many sub-categories including the
following:
2
 Within the meaning of Part 1 of the Coast Protection Act 1949, c. 74. Part 1 (amended by Schedule
2 to the Flood and Water Management Act 2010 (c. 29), as from a date to be appointed).

                                                                                                8
   •   Wind farms;
   •   Tidal barriers;
   •   Tidal power; and
   •   Substations.

The MMO is responsible for licensing offshore energy generating installations
including wind farms, wave and tidal devices between one and 100 MWs. Wind
farms generating more than 100 MWs may be licensed by the Infrastructure
Planning Commission where they would issue a deemed marine licence.
2.5 Harbour / Navigation Works
Within this category of construction, there are many sub-categories including the
following:
    • Buoys;
    • Navigation Marks;
    • Dock walls;
    • Quays;
    • Wharfs;
    • Lock gates;
    • Marinas;
    • Pontoons;
    • Moorings (single and multiple);
    • Mooring dolphins;
    • Training walls; and
    • Breakwaters.
2.6 Maintenance of Harbour Works
A deposit, removal or works activity carried out on or behalf of a Harbour Authority
for the purpose of maintaining harbour works is exempt from requiring a marine
licence.

This exemption is subject to the condition that the activity is carried out within the
existing boundaries of the works being maintained.
2.7 Moorings and Aids to Navigation
A deposit or works activity carried out by one of the following is exempt from
requiring a marine licence for a pile mooring, swinging mooring, trot mooring or aid to
navigation:
   • A Harbour Authority;
   • A Lighthouse Authority; and
   • Any other person in accordance with consent required from and granted by
       one of those authorities.

The exemption does not apply where the activity consists of a deposit or construction
of a pontoon.
2.8 Land Reclamation
Within this category of construction, there are many sub-categories including the
following:
    • Bunded area;

                                                                                         9
   •   Piled area;
   •   Dock infill.

Please note that land reclamation does not include the alternative use of dredged
material for beach nourishment or habitat creation. Please refer to the Marine
Licensing Guidance No. 3: Dredging, Disposal, Alternative Use & Aggregate
Dredging Guidance for more information.
2.9 Oil and Gas Activities and Carbon Capture Storage
The MCAA excludes from marine licensing most activities relating to exploring for, or
producing, oil and gas (section 77). This is because such activities are regulated
under the Petroleum Act 1998 or the Petroleum (Production) Act 1934.

Part 4 of the Marine and Coastal Access Act does not apply to any of the following:
   a) Activities for which a licence under section 3 of the Petroleum Act 1998 (c. 17)
       or section 2 of the Petroleum (Production) Act 1934 (c. 36) (licences to search
       for and get petroleum) is required;
   b) Anything done for the purpose of constructing or maintaining a pipeline as
       respects any part of which an authorisation (within the meaning of Part 3 of
       the Petroleum Act 1998) is in force;
   c) Anything done for the purpose of establishing or maintaining an offshore
       installation (within the meaning of Part 4 of the Petroleum Act 1998 (c. 17));
   d) Anything done in the course of carrying on an activity for which a licence
       under section 4 or 18 of the Energy Act 2008 (c. 32) is required (gas
       unloading, storage and recovery, and carbon dioxide storage).

Subsection a) does not apply in relation to anything done in the course of carrying on
an activity for which a licence under section 4 of the Energy Act 2008 is required in,
under or over any area of sea:
   • Which is within the Welsh inshore region or the Northern Ireland inshore
       region, or
   • Which is within both the Scottish offshore region and a Gas Importation and
       Storage Zone (within the meaning given by section 1 of the Energy Act 2008).

Subsection d) does not apply in relation to anything done in, under or over any area
of sea within the Welsh inshore region or the Northern Ireland inshore region in the
course of carrying on an activity for which a licence under section 18 of the Energy
Act 2008 (c. 32) is required.

Any activity within the UK marine licensing area that requires a permit under (a) the
Offshore Chemicals Regulations 2002 and (b) the Offshore Petroleum Activities (Oil
Pollution Prevention and Control) Regulations 2005 is exempt from requiring a
marine licence.
2.10 Pier
Within this category of construction, there are many sub-categories including the
following:
    • Bridge;
    • Bridge foundation;
    • Jetty; and

                                                                                    10
      •   Pier.
2.11 Scour Protection
Within this category of construction, there are many sub-categories including the
following:
    • Gabion baskets;
    • Mattress;
    • Rock placement;
    • Seabed investigation works.
2.12 Slipways
Within this category of construction, there are many sub-categories including the
following:
    • Causeway;
    • Launching ramp; and
    • Slipway.
2.13 Pipelines and Cables
Within this category of construction, there are many sub-categories including the
following:
    • Cable;
    • Subsea cable;
    • Intake pipeline;
    • Outfall pipeline;
    • Pipeline; and
    • Pipeline maintenance.
2.13.1 Pipelines
The Marine and Coastal Access Act amended the Petroleum Act 1998 to allow the
Secretary of State to make legislation to exclude certain pipelines from the coverage
of the Petroleum Act 3 .

The Petroleum Act 1998 (Specified Pipelines) Order restricts the coverage of Part 3
of the Petroleum Act to pipelines connected with the oil and gas industry. Other
pipelines, for example a pipeline to carry water across an estuary, will need a marine
licence. This simply means a transfer of responsibility for the licensing of non oil and
gas pipelines from DECC to the MMO.

However, a deposit, removal or dredging activity carried out for the purpose of
executing emergency inspection or repair works to a pipeline is exempt from
requiring a marine licence.

This exemption is subject to the condition that the activity may only be carried out in
accordance with an approval granted by the MMO for that purpose.

This exemption does not apply where the activity falls within item 10 (fire fighting) of
the Marine Licensing (Exempted Activities) Order.



3
    Schedule 8, paragraphs 7 and 8.

                                                                                      11
  2.13.2 Cables
  The laying of inshore cables (up to the territorial limit) is a licensable activity under
  the MCAA. Where this cable is inshore 4 only the normal application and decision-
  making process is followed. If the cable is an international cable then the MMO must
  grant the application.

Q: A company wishes to lay an electrical power cable between the UK and
Europe. Does this project require a marine licence?

A: Yes. The MMO licences cables in the inshore region (up to the territorial limit). If it
is an international cable then section 81 2(a) of the MCAA states that the MMO must
grant any application made to lay an inshore cable but has the same power to attach
conditions to that marine licence as they do for a marine licence not granted under this
virtue



  Nothing in section 81 of the MCAA applies to anything done in the course of laying or
  maintaining an offshore stretch 5 of exempt submarine cable.

  A submarine cable is exempt from requiring a marine licence unless it is a cable
  constructed or used in connection with any of the following:
     • The exploration of the UK sector of the continental shelf;
     • The exploitation of the natural resources 6 of that sector;
     • The operations of artificial islands, installations and structures under the
        jurisdiction of the United Kingdom;
     • The prevention, reduction or control of pollution from pipelines.

Q: What if the cable was a telecommunications cable?

A: No separate telecommunications consent is required from the MMO however,
section 80 of the MCAA states that a marine licence must not be granted for an activity
that involves a right conferred by paragraph 11 of the Electronic Communications
Code unless adequate compensation arrangements have been made.

  A deposit, removal or dredging activity carried out for the purpose of executing
  emergency inspection or repair works only to a cable is exempt from requiring a
  marine licence. This exemption is subject to the condition that the activity may only
  be carried out in accordance with an approval granted by the MMO for that purpose.
  4
    “Inshore stretch” means any cable which is laid, or proposed to be laid, within the seaward limits of
  the territorial sea.
  5
    “Offshore stretch” means any of the cable which is laid, or proposed to be laid, beyond the seaward
  limits of the territorial sea.
  6
     “Natural resources” means:
       • The mineral and other non-living resources of the sea bed and subsoil, together with
       • Living organisms belonging to sedentary species; “living organisms belonging to sedentary
            species” means organisms which, at the harvestable stage, are either:
                      Immobile on or under the sea bed, or
                      Unable to move except in constant physical contact with the sea bed or the subsoil.


                                                                                                     12
This exemption does not apply where the activity falls within item 10 (fire fighting) of
the Marine Licensing (Exempted Activities) Order.
2.14 Barrage and Islands
Within this category of construction, there are many sub-categories including the
following:
    • Artificial islands;
    • Barrages;
    • Rock placement; and
    • Tidal barrier.
2.15 Miscellaneous
Within this category of construction, there are many sub-categories including the
following:
    • Shellfish propagation and cultivation;
    • Cofferdams;
    • Ground investigation works;
    • Piling;
    • Scaffolding;
    • Sculptures, statues and fountains;
    • Sluices;
    • Weather masts; and
    • Scientific instruments.
2.16 Shellfish Propagation and Cultivation
The deposit of any shellfish, trestle, raft, cage, pole, rope or line in the course of
propagation or cultivation of shellfish is exempt from requiring a marine licence.

A dredging activity carried out for the purpose of moving shellfish within the sea in
the course of its propagation or cultivation is exempt from requiring a marine licence.

The exemptions above do not apply to:
   • A deposit for the purpose of disposal;
   • A deposit made for the purpose of creating, altering or maintaining an artificial
      reef; or
   • A deposit that causes or is likely to cause obstruction or danger to navigation.

The exemptions related to shellfish cultivation are limited to deposits, removals and
dredging. The exemptions do not apply to construction works, scuttling or the
deposit or use of explosives. For example anyone building a jetty associated with a
shellfish operation will need a licence for that construction but will not need a licence
to put down trestles or ropes etc (unless they pose a risk to navigation).
2.17 Scientific Instruments
Section 17 of the Marine Licensing (Exempted Activities) Order 2011 exempts the
deposit of any scientific equipment or associated equipment in connection with any
scientific experiment or survey.

However, this exemption does not apply where:


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    •   It is a plan or project likely 7 (either alone or in-combination with other plans or
        projects) to have a significant effect on a European site;
    •   It is likely to have an effect on a Ramsar Site; or
    •   It is capable of affecting (other than insignificantly):
                 The protected features of an Marine Conservation Zone (MCZ);
                 Any ecological or geomorphological process on which the conservation
                 of any protected feature of an MCZ is (wholly or in part) dependent.
    •   It is not directly connected or necessary to the management of a site or zone
        mentioned above.




7
 “Likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural
habitats and of wild fauna and flora.


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3.0 Removals
Removal applies to a wide range of activities including:
  • Wrecks;
  • Litter (where not exempt);
  • Scientific equipment (where not exempt);
  • Pipelines and cables (not covered by DECC);
  • Mineral extraction;
  • Decommissioning.

Please discuss your project with the MMO your removal project to see what licensing
requirements it has.
3.1 What is a Wreck?
Wreck 8 material includes any part of a vessel, aircraft or hovercraft including any of
its cargo or equipment under the Merchant Shipping Act 1995. Wreck can be
classed as flotsam, jetsam, derelict and lagan found in or on the shores of the sea or
any tidal water.

Definitions:
Flotsam: floating wreckage of a ship or its cargo, e.g. floating debris.

Jetsam: part of a ship, its equipment, or its cargo that is cast overboard to lighten the
load in time of distress and that sinks or is washed ashore.

Derelict: vessels or cargo, which were abandoned at sea without any hope of
recovering it.

Lagan: goods cast overboard from a ship, sometimes marked by a buoy, which can
be recovered or may perish.
3.1.1 Protected Wrecks in the UK
Around the UK coast there are over 100 wreck sites that are designated as protected
wrecks. There are three main pieces of legislation under which wreck sites have
been protected:
   • The Protection of Wrecks Act 1973;
   • The Protection of Military Remains Act 1986; and
   • Ancient Monuments and Archaeological Areas Act 1979.
3.1.2. The Protection of Wrecks Act 1973
The Act is separated into two main sections:
   • Protection of sites of historic wrecks; and
   • Prohibition on approaching dangerous wrecks.




8
  Any reference to environment in the Marine and Coastal Access Act 2009 includes a reference to
any site (including any site comprising, or comprising the remains of, any vessel, aircraft or marine
structure) which is of historic or archaeological interest.

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  3.1.3 Protection of Sites of Historic Wrecks
  This part of the Act provides protection for wrecks where it is deemed they have
  historical, archaeological or artistic importance.

  According to the Maritime and Coastguard Agency (January 2011), there are ~56
  wrecks around the UK coast that are protected under this section of the Act.

  It is an offence to tamper with, damage or remove any objects or part of the vessel,
  or to carry out any diving or salvage operation within the exclusion zone around the
  wreck. Any activities around these wrecks require a licence from the Secretary of
  State.

  Administration of the Act and associated licences is the responsibility of English
  Heritage in England, Historic Scotland in Scotland, Cadw: Welsh Historic
  Monuments in Wales and the Environment and Heritage Service in Northern Ireland.


Q: English Heritage has issued an excavation licence under the Protection of
Wrecks Act 1973 to allow a University to collect wood samples for tree-ring
dating to inform a research project. Does this project also require a marine
licence?

A: No. If English Heritage has issued a licence for this activity on behalf of the
Secretary of State then the MMO would not have to issue a marine licence on behalf
of the Secretary of state to consent this activity as consent has already been given.

If English Heritage had not issued a licence then the applicant would need to apply to
the MMO for a marine licence to undertake this activity.



  3.1.4 Prohibition on Approaching Dangerous Wrecks
  This section of the Act provides protection for wrecks that are designated as
  dangerous by virtue of their contents. Diving on these wrecks is strictly prohibited.
  This section of the Act is administered by the Maritime and Coastguard Agency
  through the Receiver of Wreck.
  3.1.5 The Protection of Military Remains Act 1986
  Under this Act it is an offence to interfere with the wreckage of any crashed, sunken
  or stranded military aircraft or designated vessel without a licence.

  All crashed military aircraft receive automatic protection, but vessels must be
  individually designated.

  According to the MCA, there are 21 vessels protected under this Act, both in UK
  waters and abroad, and it is likely that the Ministry of Defence will designate more
  vessels in the future (January 2011).

  There are two levels of protection offered by this Act:
     • Protected Places; and
     • Controlled Site.

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3.1.6 Protected Places
This include the remains of any aircraft which crashed while in military service or any
vessel designated (by name, not location) which sank or stranded in military service
after 4th August 1914.

It is an offence to conduct unlicensed diving or salvage operations to tamper with,
damage, remove or unearth any remains or enter any hatch or other opening where
an aircraft or wreck is designated under Protected Place.
3.1.7 Controlled Sites
These are designated areas which cover the remains of a military aircraft or a vessel
sunk or stranded in military service within the last two hundred years.

Where a Controlled Site has been designated it is an offence to tamper with,
damage, move or unearth any remains, enter any hatch or opening or conduct
diving, salvage or excavation operations for the purposes of investigating or
recording the remains, unless authorised by licence.

This Act is administered by the Ministry of Defence.
3.1.8 Ancient Monuments & Archaeological Areas Act 1979
This Act provides for the scheduling of ‘monuments’, which covers buildings,
structures or work, cave or excavation, vehicle, vessel, aircraft or other movable
structure.

Under this Act it is an offence to demolish, destroy, alter or repair a scheduled
monument without scheduled monument consent.
3.1.9 Other Types of Protection
Some wreck sites may have restrictions placed on them, for example by Harbour
Authorities or by Directives issued by the Secretary of State’s Representative for
Salvage and Intervention.

Artefacts recovered from protected wreck sites under licence to the Secretary of
State must be reported to the Receiver of Wreck.
3.1.10 The Receiver of Wreck
The Receiver of Wreck, a post defined under the Merchant Shipping Act 1995, is an
official of the Government whose main task is to administer the law in relation to
Wreck and Salvage. The Receiver of Wreck operates on behalf of the Department
for Transport; the Receiver of Wreck is located within the Maritime and Coastguard
Agency.

The main task of the Receiver of Wreck is to process reports of wreck, in the interest
of both finder and owner. The process of reporting wreck provides legal owners the
opportunity to be reunited with their property and to ensure that law-abiding finders
of wreck receive appropriate recognition in the form of a salvage award.




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3.1.11 Reporting Wrecks
Any wreck found within UK territorial waters (tidal only), or outside the UK and
brought into UK territorial waters must be reported to the Receiver of Wreck. This
can be done by downloading a form from the Receiver of Wreck’s website.

The address of the Receiver of Wreck is:

The Maritime and Coastguard Agency
Bay 1/05, Spring Place
105 Commercial Road
Southampton
Hampshire
S015 1EG
Tel: 02380 329474

Examples of what should be reported include:
   • Portholes;
   • Bells;
   • Plates;
   • Compasses;
   • Fixtures and fittings; and
   • Historical and archaeological material, e.g. medieval pots, gold coins,
     cannons etc.

Material from non-tidal waters fall under other legislation, e.g. Treasure Act 1996,
Ancient Monuments and Archaeological Areas Act 1979, and are treated as if they
were found on land.
3.1.12 Treasure
Treasure is the property of the Crown. It includes things like gold and silver objects
and groups of coins from the same find which are at least 300 years old.

If you find treasure, you must report it to the coroner for the district where you found
it within 14 days. This should either be 14 days from when you found it or 14 days
from when you first had a reason to believe the object may be treasure.

You can find more information about what objects count as treasure and how to
report treasure on the Department for Culture, Media and Sport website.

Property found in the sea or the seashore however, could be from a ship and is
technically known as a wreck. Wreck is not defined as treasure because it would not
have been buried with the intention to recover it.

Therefore, all wreck must be reported to the Receiver of Wreck. All finds of treasure
must be reported to the Receiver of the Wreck, even if the owner is the finder.

3.1.13 Marine Licence for Wreck Removal
The MMO will only consider licensing the removal of wrecks if it does not fall under
any of the legislation mentioned above. If the wreck does fall under the legislation


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above then the appropriate authority who administers that Act or section of the Act
must be approached by the applicant for licensing information.

Where a site does not fall under any of the legislation mentioned above, the MMO
will consider whether the proposed project is a licensable activity. If it is deemed to
be a licensable activity, the MMO will proceed through the normal application,
consultation, analysis and licence decision-making process.
3.2 Litter
Part 3 of the Marine Licensing (Exempted Activities) Order 2011details activities
which are exempt from requiring a marine licence.

Section 21 exempts the use of vehicles to remove litter or seaweed from beaches by
or on behalf of a Local Authority 9 from requiring a marine licence. However, this
exemption does not apply where:
    • It is a plan or project likely 10 (either alone or in-combination with other plans or
       projects) to have a significant effect on a European site;
    • It is likely to have an effect on a Ramsar Site; or
    • It is capable of affecting (other than insignificantly):
               The protected features of an Marine Conservation Zone (MCZ);
               Any ecological or geomorphological process on which the conservation
               of any protected feature of an MCZ is (wholly or in part) dependent.
    • It is not directly connected or necessary to the management of a site or zone
       mentioned above.

Where the exemption does not apply, the applicant will be required to apply for a
marine licence.
3.3 Scientific Instruments
Section 17 of the Marine Licensing (Exempted Activities) Order 2011 exempts
removal activities for the purpose of removing any scientific instrument or associated
equipment referred to in the following:
   • Any scientific instrument or associated equipment in connection with any
      scientific experiment or survey.

However, this exemption does not apply to a removal activity where:
  • It is a plan or project likely 11 (either alone or in-combination with other plans or
     projects) to have a significant effect on a European site;
  • It is likely to have an effect on a Ramsar Site; or
  • It is capable of affecting (other than insignificantly):
             The protected features of an Marine Conservation Zone (MCZ);


 9
  “Local Authority” has the meaning given by section 68(9) of the Marine and Coastal Access Act
 2009.
 10
   “Likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural
 habitats and of wild fauna and flora.

 11
   “Likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural
 habitats and of wild fauna and flora.


                                                                                              19
                 Any ecological or geomorphological process on which the conservation
                 of any protected feature of an MCZ is (wholly or in part) dependent.
     •   It is not directly connected or necessary to the management of a site or zone
         mentioned above.


Q: A developer wants to deposit scientific sampling equipment from the sea
bed, take sediment samples to inform an EIA and then remove the equipment
from the sea bed. Will this require a marine licence?

A: The deposit of any scientific instrument and associated equipment and the removal
of these is exempt under article 17 of the Marine Licensing (Exempted Activities)
Order 2011, unless the caveats above apply. However, the removal of any substance
or object is a licensable activity under the MCAA which is not covered by this
exemption. Therefore, the removal of sediment samples would require a marine
licence.


  3.4 Pipelines
  A removal activity of a cable that does not fall within the Petroleum Act 1998 would
  require a marine licence unless it is exempt.

  Section 34 of the Marine Licensing (Exempted Activities) Order exempts a removal
  activity carried out for the purpose of executing emergency inspection or repair
  works to any pipeline.

  This is subject to the condition that the activity may only be carried out in accordance
  with an approval granted by the MMO for that purpose.

  This exemption does not apply where the deposit falls within article 10 (fire fighting)
  of the Marine Licensing (Exempted Activities) Order 2011.
  3.5 Cables
  Section 34 of the Marine Licensing (Exempted Activities) Order exempts a removal
  activity carried out for the purpose of executing emergency inspection or repair
  works to any cable.

  This is subject to the condition that the activity may only be carried out in accordance
  with an approval granted by the MMO for that purpose.

  This exemption does not apply where the deposit falls within article 10 (fire fighting)
  of the Marine Licensing (Exempted Activities) Order 2011.
  3.6 Mineral Extraction
  The removal of minerals from the seabed falls within a licensable activity under
  section 66 (1), sub-paragraph 8 of the Marine and Coastal Access Act 2009.

  However, deep sea mining is exempt from requiring a marine licence if the activity is
  carried out in pursuance of:


                                                                                        20
      •   An exploration licence or an exploration licence within the meaning of section
          2 of the Deep Sea Mining (Temporary Provisions) Act 1981 12 ; or
      •   A reciprocal authorisation within the meaning given by section 3(3) of that Act.

If you would like information on how to apply for a marine licence to undertake
dredging of marine aggregate, please refer to Marine Licensing Guidance No. 3:
Dredging, Disposal and Aggregate Dredging Guidance document .
3.7 Specific Removal Exemptions
3.7.1 Removal of Obstruction or Danger to Navigation
In addition to the removal types mentioned previously in the document there is this
one which is exempt in the order.

A removal activity carried out by one of the following for the purpose of removing
anything causing or likely to cause obstruction or danger to navigation is exempt
from requiring a marine licence:
   • A Conservancy Authority 13 ;
   • A Harbour Authority;
   • A Lighthouse Authority; or
   • A person having powers under any enactment or statutory order to work or
       maintain a canal or other inland navigation, including navigation in tidal
       waters.
3.7.2 Shellfish Propagation and Cultivation
A removal activity carried out for the purpose of moving shellfish within the sea in the
course of its propagation or cultivation is exempt from requiring a marine licence.




     If you wish to contact us with any questions or feedback regarding this
     guidance document, please email us at
     marine.consents@marinemanagement.org.uk or phone 0300 123 1032 and ask
     for the Marine Environment Team.




12
     1981 c. 53.
13
     Within the meaning given by section 313(1) of the Merchant Shipping Act 1995

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