Marine licensing - exempted activities: guidance

Exemption applies to any activity carried on, in the course of a salvage operation, for the purpose of ensuring the safety of a vessel or preventing pollution.

Exemption applies to an activity carried on for the purpose of fighting, or preventing the spread of, any fire.

Exemption applies to a deposit or removal activity carried on for the purpose of recovering any substance or object as part of an investigation into any accident involving an aircraft.

Exemption applies to the deposit by way of return to the sea of any fish during the course of a fishing operation; or of any other object during the course of a fishing operation, (provided that the fish or other object has not been landed before being so returned); and to the deposit by way of return to the sea of any fish during the course of fish processing at sea.

The deposit of fishing gear during the course of a fishing operation is exempted in the offshore region only.

The deposit of fishing gear made for the purpose of disposal is not an exempt activity, nor is it an exempt activity to deposit any explosive object or article, unless by way of return to sea during the course of a fishing operation.

Exemption applies to a removal activity carried on for the purpose of removing fishing gear in the course of a fishing operation and to a dredging activity carried on in the course of any fishing operation.

Exemption applies to the deposit of any trestle, raft, cage, pole, rope or line (and within controlled waters, any substance which is liable to cause pollution of the water environment) in the course of the propagation or cultivation of fish.

No exemption applies to a deposit made for the purpose of disposal; made for the purpose of creating, altering or maintaining an artificial reef; or that causes or is likely to cause obstruction or danger to navigation.

Exemption applies to a removal activity carried on in the course of the propagation or cultivation of fish and dredging activity carried on in the course of the propagation or cultivation of shellfish.

Exemption applies to anything done (a)in the course of carrying on an activity for which a licence under section 3 of the Petroleum Act 1998 or section 2 of the Petroleum (Production) Act 1934 is required;

(b)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; or

(c)in the course of carrying on an activity for which a licence under section 4 or 18 of the Energy Act 2008 is required.

For the purposes of (a) or (c), activities are to be regarded as activities for which a licence of the description in question is required if, by virtue of such a licence, they are activities which may be carried on only with the consent of the Secretary of State or another person.

 (Certain activities are also exempted by Marine Acts (see later))

Exemption applies to the deposit of any marine chemical treatment substance; marine oil treatment substance, or marine surface fouling cleaner subject to the following conditions:

• the substance must be one the use of which is for the time being approved for the purposes of this Order by the Scottish Ministers (as per the statutory guidance on approved oil spill treatment products)
• the substance must be used in accordance with any conditions to which the approval is subject
• no deposit must be made in an area of the sea of a depth of less than 20 metres or within 1nm of any such area or below the surface of the sea except with the approval of the Scottish Ministers

Exemption applies to the deposit of any equipment for the purpose of controlling, containing or recovering any oil, mixture containing oil, chemical, flotsam, or algal bloom. The exemption does not apply to a deposit of any explosive substance or article.

Exemption applies to the deposit of any scientific instrument or associated equipment in connection with any scientific experiment or survey; or to the deposit of any reagent or any chemical or particle tracer which is approved for the purposes of this Order by the Scottish Ministers (as per the Marine Management Organisation’s (MMO) approved list of tracers, conditions and best practice).

The Exemption does not apply:

• to a deposit made for the purpose of disposal (i.e. all scientific instruments and associated equipment (excluding any tracers) will be removed on conclusion of the activity)
• to a deposit that causes or is likely to cause obstruction or danger to navigation (please confirm this by consultation with the MCA, the NLB and the statutory harbour authority (if applicable)
• where it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site
• where it is likely to have a significant effect on a Ramsar site (inshore only)
• where it is capable of affecting (other than insignificantly) either the protected features of an MPA or any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent

The exemption may apply to an activity directly connected with or necessary to the management of the sites or areas referred to above.

If the activity takes place within or in close proximity to a Special Area of Conservation (SAC), Special Protection Area (SPA), proposed SPA (pSPA), Ramsar site or MPA or a proposed MPA (pMPA), you must consult with NatureScot (within 12nm) and/or the JNCC (outwith 12nm) to confirm that the proposed works will not have a likely significant effect on an SAC, SPA, pSPA or Ramsar site or be capable of affecting (other than insignificantly) a MPA or pMPA.

Exemption applies to a removal activity carried on for the purpose of removing any scientific instrument or associated equipment.

The exemption does not apply where:

• it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site
• where it is likely to have a significant effect on a Ramsar site (inshore only)
• where it is capable of affecting (other than insignificantly) either the protected features of an MPA or any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent

The exemption may apply to an activity directly connected with or necessary to the management of the site or area referred to above.

If the activity takes place within or in close proximity to an SAC, SPA, pSPA, Ramsar site or MPA or pMPA, you must consult with NatureScot (within 12nm) and/or the JNCC (outwith 12nm) to confirm that the proposed works will not have a likely significant effect on an SAC, SPA, pSPA or Ramsar site or be capable of affecting (other than insignificantly) a MPA or pMPA.

Exemption applies to the deposit, on the site of dredging for aggregates or other minerals, of any substance or object taken from the sea in the course of such dredging (other than any of the aggregates or minerals being dredged); to the deposit of waters (whether by overflow or pumped discharge) from the hold of a vessel either in the normal course of dredging for aggregates or other minerals; or at the site of such dredging following its completion or during the return journey of the vessel.

Exemption applies to an activity carried on by or on behalf of a local authority for the purpose of maintaining any coast protection works; drainage works; or flood defence works only where the activity is carried on within the existing boundaries of the works being maintained.

This exemption does not apply in relation to any beach replenishment.

Exemption applies to an activity carried on for the purpose of executing emergency works in response to any flood or the imminent risk of any flood; for the purpose of preventing pollution of the environment; or to repair an existing structure.

The activity must be approved by the Scottish Ministers before it is carried on. Evidence of the emergency status of the activity will be required as part of the approval process.

Exemption applies to a removal activity using a vehicle carried on by or on behalf of a local authority for the purpose of removing any litter or seaweed from a beach.

The exemption does not apply to any such removal activity where it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; where it is likely to have a significant effect on a Ramsar site; or where it is capable of affecting (other than insignificantly) either the protected features of an MPA or any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

The exemption may apply to an activity directly connected with or necessary to the management of the site or area referred to above.

Exemption applies to a deposit from a vehicle, vessel, aircraft or marine structure in the course of its normal navigation or maintenance.

The exemption does not apply to a deposit made for the purpose of disposal or to a deposit of any explosive substance or article.

Exemption applies to a deposit, removal activity or works activity carried on by or on behalf of a harbour authority for the purpose of maintaining any harbour works only where the activity is carried on within the existing boundaries of the works being maintained.

Exemption applies to a removal activity carried on by or on behalf of

(a) a conservancy authority

(b) a harbour authority

(c) a lighthouse authority, or

(d) a navigation authority

for the purpose of removing anything causing or likely to cause obstruction or danger to navigation.

The exemption does not apply to dredging by any method.

*Offshore exemption only where activity is carried on by or on behalf of a lighthouse authority.

Exemption applies to any dredging activity carried on in connection with a harbour subject to the following conditions.

That the activity—

• involves the dredged material being contained within a secure structure and transported for deposit other than at the place of dredging, or
• involves the use of plough dredging as part of a dredging operation in respect of which any other dredging falls within the description above

That the activity is authorised by or under, and carried out in accordance with-

• any local Act, or
• any order under section 14 or 16 of the Harbours Act 1964

The activity must be approved by the Scottish Ministers before it is carried on.

Exemption applies to a deposit or works activity carried on by

(a) a harbour authority

(b) a lighthouse authority, or

(c) any other person in accordance with the approval or consent of any such authority, for the purpose of providing a pile mooring, swinging mooring or aid to navigation.

This exemption does not apply to the deposit of a pontoon, or to the construction of a pontoon.

*Offshore exemption only applies where the deposit or works activity is carried on by a lighthouse authority or by any other person in accordance with the approval or consent of a lighthouse authority.

Exemption applies to a removal activity carried on for the purpose of removing a mooring or aid to navigation deposited under the exemption above.

Exemption applies to a deposit in connection with the launching of any vehicle, vessel, aircraft, marine structure or floating container.

Exemption applies to a deposit or removal activity carried on as part of dismantling a ship that is waste but does not apply to a deposit of any explosive substance or article.

Exemption applies to the deposit or use of any distress flare, smoke float or similar pyrotechnic substance or object for the purpose of—

(a) securing the safety of a vessel, aircraft or marine structure

(b) saving life, or

(c) training for any purpose referred to in paragraph (a) or (b)

Exemption applies to a deposit, removal activity or dredging activity carried on for the purpose of executing emergency inspection or repair works to any cable or pipeline.

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

The activity may only be carried on in accordance with an approval granted by the Scottish Ministers for that purpose. Evidence of the emergency status of the activity will be required as part of the approval process.

Exemption applies to a deposit or works activity carried on wholly under the sea bed in connection with the construction or operation of a bored tunnel.

Notice of the intention to carry on the activity must be given to the Scottish Ministers before the activity is carried on.

The activity must not adversely affect any part of the environment of the UK marine area or the living resources that it supports.

This exemption does not apply to a deposit carried on for the purpose of disposal. ​​​​

Exemption applies to an activity to the extent that it is carried on in exercise of a right under rules of international law, by or in relation to—

(a) a third country vessel

(b) a warship, naval auxiliary, other vessel or aircraft owned or operated by a State and used, for the time being, only on government non-commercial service (whether or not the warship, naval auxiliary or other vessel is a third country vessel)

A “third country vessel” means a vessel which—

• is flying the flag of, or is registered in, any State or territory other than the United Kingdom, and
• is not registered in the United Kingdom

Exemption applies to a removal activity carried on for the purpose of removing any object from the seabed which has been accidentally deposited there subject to the following conditions:

• that notice of the activity must be given, in writing, to the Scottish Ministers no later than three months from the date of commencement of the removal activity
• the object to be removed from the seabed has been deposited there for less than one year before the removal activity is commenced

The exemption does not apply to an activity that causes, or is likely to cause, obstruction or danger to navigation; where it is a plan or a project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site, a Ramsar site, or it is capable of affecting (other than insignificantly) either the protected features of an MPA; or any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

“Removal activity” does not include the use of an aircraft, marine structure or floating container to remove the object from the seabed.

The exemption applies to a removal activity which is carried on for the purpose of sediment sampling subject to the condition that notice of the intention to carry on the activity must be given, in writing, to the Scottish Ministers before the activity is commenced.

The condition to provide notice of the intention to carry on the activity is deemed to be satisfied where the removal activity is carried on as a condition of an authorisation of a controlled activity granted by the Scottish Environment Protection Agency under Part II of the Water Environment (Controlled Activities) (Scotland) Regulations 2011.

The exemption does not apply to an activity where the volume of sediment removed is more than 1 cubic metre per sample; where it causes, or is likely to cause, obstruction or danger to navigation; where it is a plan or a project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; where it is likely to have a significant effect on a Ramsar site (inshore only); or it is capable of affecting (other than insignificantly) either the protected features of an MPA; or any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.

The exemption will not apply to a proposal where it does not include any and all of the mitigation as advised by the navigation bodies (MCA and NLB) listed on the Notification Form.