The Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026

• Citation: S.I. 2026/21 (W.)
• Sections: 21

Section 1 Title, coming into force and application

(1) The title of this Order is the Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026.

(2) This Order comes into force on 1 April 2026.

(3) This Order applies in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113(4) and (5) of the Marine and Coastal Access Act 2009 .

Section 2 Amendment of the Marine Licensing (Exempted Activities) (Wales) Order 2011

The Marine Licensing (Exempted Activities) (Wales) Order 2011 is amended in accordance with articles 3 to 21.

Section 3 Amendment of article 3

In article 3 (interpretation)—

(a) omit the definition of “European site” ;

(b) at the appropriate place in alphabetical order insert—

“ coast protection authority ” (“ awdurdod diogelu’r arfordir ”) has the same meaning as in the Coast Protection Act 1949 ;

“ invasive non-native species ” (“ rhywogaeth estron oresgynnol ”) has the same meaning as in Schedule 9A to the Wildlife and Countryside Act 1981 (see paragraph 2(1) to (3)) ;

“ local authority ” (“ awdurdod lleol ”) means a county council or county borough council in Wales;

“ marine litter ” (“ sbwriel m ôr”) means any persistent, manufactured or processed solid material discarded, disposed of or abandoned occurring in the marine and coastal environment;

“ marine protected area ” (“ ardal forol warchodedig ”) means a site—

designated as a special area of conservation in accordance with regulation 12(1) of the Conservation of Habitats and Species Regulations 2017 or regulation 7(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017 ;

classified as special protection area in accordance with regulation 15(1) of the Conservation of Habitats and Species Regulations 2017 or regulation 12(1) of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

designated as marine conservation zone in accordance with section 116(1) of the 2009 Act;

notified as a site of special scientific interest in accordance with section 28(1) of the Wildlife and Countryside Act 1981 ;

“ MoD strategic interest ” (“ buddiant strategol y Weinyddiaeth Amddiffyn ”) includes any training, test, evaluation or operation carried out or due to be carried out by the Ministry of Defence, on behalf of the Ministry of Defence or with the permission of the Ministry of Defence;

“ the Trinity House ” (“ Trinity House ”) has the meaning given in section 223(1) of the Merchant Shipping Act 1995 ;

“ the UK Hydrographic Office ” (“ Swyddfa Hydrograffig y DU ”) means the Hydrographic Office of the Ministry of Defence;

“ Welsh risk management authority ” (“ awdurdod rheoli risg i Gymru ”) has the meaning given in section 6 of the Flood and Water Management Act 2010 .

Section 4 Amendment of article 3A

In article 3A (modification of the Waste Framework Directive) omit paragraph (9)(b).

Section 5 Amendment of article 9

In article 9 (salvage activities)—

(a) from “ Article 4 ” to “ pollution. ” becomes paragraph (1);

(b) after paragraph (1) insert—

(2) But article 4 does not apply to the removal of wrecks or objects of archaeological or historical interest.

Section 6 Amendment of article 13

In article 13 (shellfish propagation and cultivation)—

(a) in paragraph (2)—

(i) after “deposit” insert “, removal activity or dredging activity” ;

(ii) omit the “or” after sub-paragraph (b);

(b) after paragraph (2)(c) insert—

(d) that is likely to have a significant effect on a marine protected area;

(e) made for the purpose of expanding shellfish propagation or cultivation beyond the boundaries of existing activities.

(3) Paragraph (1) is subject to the condition that notification is given to the UK Hydrographic Office at least 5 days before the day on which any deposit begins, including details of any structures or markers and their co-ordinates of latitude and longitude according to the World Geodetic System 1984 .

Section 7 Amendment of article 15

In article 15 (deposit of equipment to control, contain or recover oil etc), in paragraph (1), after “deposit” insert “and removal” .

Section 8 Substitution of article 16

For article 16 (scientific instruments etc) substitute—

Scientific instruments etc

(16)

(1) Article 4 applies—

(a) to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey;

(b) to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment referred to in sub-paragraph (a);

(c) to the deposit of any reagent;

(d) to the deposit of any tracer.

(2) Sub-paragraph (a) of paragraph (1) is subject to condition 1.

(3) Sub-paragraph (b) of paragraph (1) is subject to condition 2.

(4) Sub-paragraphs (c) and (d) of paragraph (1) are subject to conditions 3 and 4.

(5) Condition 1 is that details of any scientific instrument or associated equipment to be deposited must be notified to the UK Hydrographic Office at least 5 days before the day on which any deposit is made.

(6) Condition 2 is that notification is given to the UK Hydrographic Office of any removal of any scientific instrument or associated equipment within 5 days of the removal.

(7) Condition 3 is that the reagent or tracer must be one the use of which is for the time being approved for the purposes of this Order by the licensing authority.

(8) Condition 4 is that the reagent or tracer must be used in accordance with any conditions to which the approval is subject.

(9) But article 4 does not apply to—

(a) any such deposit made for the purpose of disposal;

(b) any such deposit that causes or is likely to cause obstruction or danger to navigation, in particular where such a deposit is tethered to the seabed or reduces navigational clearance by more than 5% by reference to Chart Datum ;

(c) any such deposit or removal activity that is likely to have a significant effect on a marine protected area.

Section 9 Amendment of article 18

In article 18 (maintenance of coast protection, drainage and flood defence works), in paragraph (1)—

(a) for “the Natural Resources Body for Wales or the Environment Agency” substitute “a Welsh risk management authority or a coast protection authority” ;

(b) omit sub-paragraph (b).

Section 10 Amendment of article 19

In article 19 (emergency works in response to flood or flood risk)—

(a) in paragraph (1), for “on by or on behalf of the Natural Resources Body for Wales or the Environment Agency” substitute “out” ;

(b) for paragraph (2) substitute—

(2) But article 4 does not apply where there has been a failure to maintain a structure before a flood or flood risk occurs.

Section 11 Substitution of article 20

For article 20 (use of vehicles to remove litter or seaweed from beaches) substitute—

Use of vehicles to remove litter, marine litter, debris or dead animals from beaches and intertidal areas

(20)

(1) Article 4 applies to a removal activity using a vehicle or vessel carried on by or on behalf of the Welsh Ministers, a local authority, harbour authority within its jurisdiction, Natural Resources Body for Wales or an environmental charity for the purpose of removing—

(a) litter, marine litter, debris or dead animals from a beach or intertidal area, or

(b) abandoned, discarded, or lost fishing gear.

(2) Paragraph (1) is subject to conditions 1 and 2.

(3) Condition 1 is that a dead animal must not be removed by an environmental charity unless it is acting on behalf of the Welsh Ministers, the Natural Resources Body for Wales or a local authority.

(4) Condition 2 is that notice of the intention to remove a dead animal is given to the enforcement authority before the removal activity is undertaken.

(5) But article 4 does not apply to a removal activity that is likely to—

(a) have a significant effect on a marine protected area;

(b) cause damage to features of archaeological or historic interest in an area where the removal activity occurs.

(6) In this article—

(a) “ enforcement authority ” has the meaning given in section 114 of the Act;

(b) “ environmental charity ” has the meaning given in sections 1(1), 2(1) and 3(1)(i) of the Charities Act 2011 ;

(c) “ intertidal area ” means the area between the level of mean high water spring tides and the level of mean low water spring tides.

Section 12 Amendment of article 21

In article 21 (deposits in the course of normal navigation or maintenance), in paragraph (1), after “maintenance” insert “, or any related removal activity” .

Section 13 Amendment of article 23

In article 23 (removal of obstruction or danger to navigation), after paragraph (2) insert—

(3) Paragraph (1) is subject to the condition that the UK Hydrographic Office is given notification of the removal activity within 5 days of the removal.

Section 14 Amendment of article 24

In article 24 (moorings and aids to navigation)—

(a) in paragraph (1)(b), after “such person” insert “referred to in paragraph (2)” ;

(b) after paragraph (1)(b) insert—

(c) to a deposit, removal activity or works activity carried on by a person referred to in paragraph (2) for the purpose of replacing or maintaining any such mooring or aid to navigation.

Section 15 Amendment of article 25

In article 25 (markers for European marine sites)—

(a) in the heading, for “European marine sites” substitute “marine protected areas” ;

(b) in paragraph (1)(a), for the words “for the purposes of regulation 37(1)” to the end substitute “to indicate the existence and extent of a marine protected area” ;

(c) for paragraph (2) substitute—

(2) Paragraph (1) is subject to the condition that a notification of any deposit or removal activity is given to the following bodies at least 5 days before the day on which any deposit or removal activity commences—

(a) the Maritime and Coastguard Agency,

(b) the Trinity House, and

(c) the UK Hydrographic Office.

Section 16 Amendment of article 26

In article 26 (launching of vessels etc)—

(a) in the heading, after “launching” insert “and removal” ;

(b) at the end of the article insert “and a subsequent removal activity” .

Section 17 Substitution of article 28

For article 28 (diver trails within restricted areas) substitute—

Diver trails within restricted areas and in relation to scheduled monuments

(28)

(1) Article 4 applies to a deposit or removal activity carried on for the purpose of placing, securing or removing signage or other identifying markers relating to—

(a) a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973 ,

(b) a scheduled monument within the meaning of section 3(7) of the Historic Environment (Wales) Act 2023 , or

(c) an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986 .

Section 18 Amendment of article 29

In article 29 (coastguard activities – safety purposes and training)—

(a) for “an activity” substitute “a deposit or removal activity” ;

(b) for “for the purpose of” substitute “or to anyone acting in connection with”;

(c) in paragraph (b), after “life” insert “or property” .

Section 19 Amendment of article 31

In article 31 (cables and pipelines – authorised emergency inspection and repair)—

(a) in paragraph (2), for the words “the activity may” to the end substitute “notification is given to the UK Hydrographic Office of any amendments made to charted cable and pipeline positions within 5 days after the completion of any emergency repair works” ;

(b) in paragraph (3), after “item 10” insert “or to any such deposit for the purpose of providing long-term cable or pipeline protection.”

Section 20 Substitution of article 32

For article 32 (bored tunnels) substitute—

Bored tunnels

(32)

(1) Article 4 applies to a deposit or works activity carried on wholly under the seabed in connection with the construction or operation of a bored tunnel.

(2) Paragraph (1) is subject to conditions 1 to 3.

(3) Condition 1 is that the activity must not adversely affect the environment of Wales, the Welsh inshore region and the Welsh offshore region or the living resources that environment supports.

(4) Condition 2 is that the deposit or works activity does not or is not likely to cause obstruction or danger to navigation.

(5) Condition 3 is that the deposit or works activity does not or is not likely to cause damage to features of archaeological or historic interest.

(6) But article 4 does not apply to any such deposit carried on for the purpose of disposal.

Section 21 Insertion of articles 35 to 52

After article 34 insert—

Routine minor works to maintain existing bridges, cantilevered structures, jetties and piers

(35)

(1) Article 4 applies to routine minor works carried out by a local authority or a harbour authority, or any persons acting on their behalf to maintain existing bridges, cantilevered structures, jetties or piers.

(2) But article 4 does not apply to any—

(a) construction of structures required to support access,

(b) dredge or disposal works,

(c) deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(d) deposit or removal activity which reduces the air clearance above Highest Astronomical Tide for any vessels passing under a bridge, or

(e) deposit or removal activity that is likely to have a significant effect on a marine protected area.

Removal of abandoned or derelict vessels

(36)

(1) Article 4 applies to a deposit or removal activity carried on by, or on behalf of, a harbour authority or the Natural Resources Body for Wales, during the removal of an abandoned or derelict vessel.

(2) Paragraph (1) is subject to the condition that notification is given to the Maritime and Coastguard Agency at least 24 hours before any deposit or removal activity is carried on.

(3) But article 4 does not apply to—

(a) any deposit or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(b) any deposit or removal activity that is likely to have a significant effect on a marine protected area, or

(c) the removal of a wreck within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973.

(4) In this article—

“ abandoned ” (“ wedi ei gadael ”) means a vessel where the owner is unknown, following reasonable attempts to identify them, or has surrendered rights of ownership;

“ derelict ” (“ adfeiliedig ”) means a vessel in a state of disrepair and neglect.

Firework displays

(37)

(1) Article 4 applies to the deposit or use of fireworks as part of a firework display and the removal of any associated litter from the marine environment.

(2) But article 4 does not apply to any activity—

(a) that causes or is likely to cause an obstruction or danger to navigation, or

(b) that is likely to have a significant effect on a marine protected area.

Samples for testing or analysis

(38)

(1) Article 4 applies to a removal activity carried out for the purpose of taking a sample of any material for testing or analysis.

(2) Paragraph (1) is subject to the condition that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.

(3) But article 4 does not apply to any deposit or removal activity—

(a) where the volume of material removed exceeds 1 cubic metre,

(b) that causes or is likely to cause obstruction or danger to navigation,

(c) that is likely to have a significant effect on a marine protected area,

(d) that falls within an area designated as a restricted area within the meaning of section 1 of the Protection of Wrecks Act 1973,

(e) that is likely to cause damage to scheduled monuments within the meaning of section 3(7) of the Historic Environment (Wales) Act 2023, or

(f) which may cause an adverse effect to an area designated as a controlled site under section 1(2)(b) of the Protection of Military Remains Act 1986.

Divers removing marine litter

(39)

(1) Article 4 applies to the removal of the following during diving activities—

(a) marine litter, and

(b) abandoned, discarded, or lost fishing gear.

(2) But article 4 does not apply to a removal activity—

(a) that is likely to cause damage to features of archaeological or historic interest in the area where the diving activities occur, or

(b) that is likely to have a significant effect on a marine protected area.

Accidental deposits - removal activity

(40)

(1) Article 4 applies to a removal activity carried on for the purpose of removing any object which has been accidently deposited on the seabed.

(2) Paragraph (1) is subject to the condition that the removal activity must begin within 12 months beginning with the day the object was accidently deposited on the seabed.

(3) But article 4 does not apply to a removal activity that—

(a) causes, or is likely to cause an obstruction or danger to navigation, or

(b) is likely to have a significant effect on a marine protected area.

Navigational maintenance dredging

(41)

(1) Article 4 applies to dredging activity carried on for the purpose of conserving or maintaining the navigation of an area of the sea.

(2) Paragraph (1) is subject to conditions 1 to 3.

(3) Condition 1 is that the dredging activity may only be carried on at a site and a depth where, in the 10 years before the dredging activity is commenced, at least one other dredging activity or relevant operation has been carried on for the purpose referred to in paragraph (1).

(4) Condition 2 is that at the site where the dredging activity is to be carried on, no more than 1,500 cubic metres of material are to be dredged as a result of—

(a) that dredging activity, and

(b) any other dredging activities, carried on for the purpose referred to in paragraph (1) in the 12 months before that dredging activity begins.

(5) Condition 3 is that no dredging activity can be carried on which adversely affects or is likely to adversely affect any MoD strategic interest.

(6) But article 4 does not apply to—

(a) dredging activity where the volume of material exceeds 500 cubic metres,

(b) dredging activity that causes or is likely to cause obstruction or danger to navigation,

(c) dredging activity that is likely to have a significant effect on a marine protected area,

(d) dredging activity that has or is likely to have the effect, in relation to any body of water, of—

(i) preventing the achievement of any of the environmental objectives listed in the relevant river basin management plan as applicable in relation to that body of water, or

(ii) causing environmental damage, or

(d) any disposal of dredged material.

(7) In this article—

“ body of water ” (“ crynofa ddŵr ”) has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

“ environmental damage ” (“ difrod amgylcheddol ”) has the same meaning as in regulation 4 of the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 ;

“ river basin management plan ” (“ cynllun rheoli basn afon ”) has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017.

Temporary markers

(42)

(1) Article 4 applies to a deposit for the purpose of placing a marker and any associated equipment to mark out areas for recreational activities such as sailing, swimming or diving.

(2) Paragraph (1) is subject to conditions 1 and 2.

(3) Condition 1 is that notice of the intention to carry out any deposit or subsequent removal activity referred to in paragraph (1) is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before the deposit is carried out, if the marker will remain in place for longer than 24 hours.

(4) Condition 2 is that the marker and any associated equipment must be removed from the sea and, where applicable, the seabed within 28 days beginning with the day on which the deposit is made.

(5) But article 4 does not apply to any deposit or removal activity that—

(a) causes, or is likely to cause an obstruction or danger to navigation, or

(b) is likely to have a significant effect on a marine protected area.

The establishment or restoration of seagrass bed

(43)

(1) Article 4 applies to—

(a) any deposit or removal activity carried on for the purpose of establishing or restoring a seagrass bed;

(b) the deposit of any native species of seagrass seed, cutting or plant in the course of establishing or restoring a seagrass bed;

(c) a removal activity carried on for the purpose of moving a seagrass seed, cutting or plant in the course of establishing or restoring a seagrass bed, so long as this does not negatively impact the donor bed;

(d) the movement of seagrass cores or sods, carried on for the purpose of moving a seagrass seed, sediment, cutting or plant in the course of establishing or restoring a seagrass bed so long as this does not negatively impact the donor bed.

(2) Paragraph (1) is subject to conditions 1 to 3.

(3) Condition 1 is that any removal and subsequent deposit of seagrass seed from a healthy donor bed to another area must follow International Union for Conservation of Nature Guidelines for Reintroductions and Other Conservation Translocations .

(4) Condition 2 is that the native seagrass seed, cutting or plant is free from invasive non-native species.

(5) Condition 3 is that no activity takes place which adversely affects or is likely to adversely affect any MoD strategic interest.

(6) But article 4 does not apply to a deposit—

(a) made for the purpose of disposal,

(b) or removal activity that causes or is likely to cause an obstruction or danger to navigation,

(c) or removal activity that is likely to have a significant effect on a marine protected area,

(d) or removal activity that is likely to cause damage to features of archaeological or historic interest, or

(e) which includes any non-biodegradable materials or harmful substances.

(7) In this article—

“ native species ” (“ rhywogaethau brodorol ”) means species that naturally occur or have in the past naturally occurred in Wales, including—

regularly occurring migratory species (both breeding and non-breeding) and natural colonists, and

species that have been reintroduced in Wales following past extinction;

“ natural colonists ” (“ coloneiddwyr naturiol ”) means species that arrived in Wales of their own accord and have become established, including those that become migratory species.

Upgrades to coastal, drainage and flood defence structures

(44)

(1) Article 4 applies to a deposit or removal activity carried on by or on behalf of a Welsh risk management authority, or coast protection authority where a local planning permission is required to upgrade any—

(a) coast protection works;

(b) drainage works;

(c) flood defence works.

(2) Paragraph (1) is subject to conditions 1 and 2.

(3) Condition 1 is that the deposit or removal activity is carried out within the existing boundaries of the works being maintained.

(4) Condition 2 is that the UK Hydrographic office is notified of any such deposit or removal activities at least 5 days prior to the activity beginning.

(5) But article 4 does not apply to any construction, deposit or removal activity that extends below the mean low water spring tide mark.

Dry dock facilities

(45)

(1) Article 4 applies to a deposit or removal activity carried on in a dry dock area, within a harbour which is regulated under the Harbours Act 1964 , where the deposit or removal activity is carried on by, or on behalf of, a harbour authority.

(2) Paragraph (1) is subject to conditions 1 and 2.

(3) Condition 1 is that notification of the intention to carry on any deposit or removal activity is given to the Maritime and Coastguard Agency and the Trinity House at least 5 days before any deposit or removal activity is carried on.

(4) Condition 2 is that all debris is removed from the dry dock prior to any entry or exit of any vessel.

(5) But article 4 does not apply to a deposit or removal activity that—

(a) causes or is likely to cause obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

Discharge of offshore chemicals and oil

(46) —Article 4 applies to any activity in relation to which a permit is required under—

(a) The Offshore Chemicals Regulations 2002 , or

(b) The Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 .

Removal of windblown sand and subsequent deposit

(47)

(1) Article 4 applies to a deposit or removal activity carried on by a local authority, a harbour authority, the Natural Resources Body for Wales or any person acting on their behalf for the purpose of clearing sand blown onto promenades, roads or slipways following a storm event.

(2) Paragraph (1) is subject to conditions 1 and 2.

(3) Condition 1 is that the sand is free from marine litter, debris and land-based contaminants before it is deposited back onto a beach.

(4) Condition 2 is that the sand is deposited back onto a beach within 7 days after it was blown by the wind onto the promenade, road or slipway.

Pontoons

(48)

(1) Article 4 applies to a—

(a) deposit or works activity carried on by, or with the consent of, a harbour authority for the purpose of providing a pontoon within harbour or port limits;

(b) removal activity carried on by, or with the consent of a harbour authority for the purpose of removing a pontoon.

(2) Paragraph (1)(a) is subject to conditions 1 and 2.

(3) Condition 1 is that no more than 10 pontoons have been constructed or deposited at the same site in the previous 6 months.

(4) Condition 2 is that the pontoon must be free from invasive non-native species before the deposit or during the works activity.

(5) But article 4 does not apply—

(a) to the deposit, construction or removal of a pontoon which has a deck with an area exceeding 30 square metres,

(b) to any dwelling, permanent structure or infrastructure placed or fixed on top of a pontoon, or

(c) to any piling works.

Trial pits

(49)

(1) Article 4 applies to a deposit or removal activity carried on for the purpose of the excavation and backfilling of trial pits.

(2) Paragraph (1) is subject to the condition that the materials removed from the seabed, as part of any plan or project, do not exceed 5 cubic metres.

(3) But article 4 does not apply to a deposit or removal activity that—

(a) causes or is likely to cause an obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

Boreholes

(50)

(1) Article 4 applies to a deposit or removal activity carried on for the purpose of removing, from the seabed, objects or materials in connection with drilling of boreholes.

(2) Paragraph (1) is subject to the condition that the materials removed from the seabed, as part of any plan or project, do not exceed 5 cubic metres.

(3) But article 4 does not apply to a such deposit or removal activity that—

(a) causes or is likely to cause obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

Vibrocore sampling

(51)

(1) Article 4 applies to a deposit or removal activity carried on for the purpose of taking a sample of material for testing or analysis during vibrocore sampling.

(2) Paragraph (1) is subject to the condition that the removal of material does not exceed more than 5 cubic meters in any plan or project.

(3) But article 4 does not apply to any such deposit or removal activity that—

(a) causes or is likely to cause an obstruction or danger to navigation,

(b) is likely to have a significant effect on a marine protected area, or

(c) is likely to cause damage to features of archaeological or historical interest.

(4) In this article, “ vibrocore sampling ” means the technique in which a vibrating core tube is driven into underwater sediments such as sand, silt, clay or soft soils using an electronically or hydraulically powered vibration head which recovers a continuous core sample.

In-water hull cleaning

(52)

(1) Article 4 applies to the deposit of a substance removed from the hull of a vessel during cleaning.

(2) Paragraph (1) is subject to the condition that the removal of the substance is undertaken by hand, using only–

(a) a soft cloth,

(b) a sponge, or

(c) the bristles of a soft brush.