Exemptions from the marine licensing regime

Some activities that would normally be regarded as licensable activities under section 66 of the Marine and Coastal Access Act 2009 (MCAA 2009) may be exempted from the marine licensing regime under MCAA 2009 if they meet certain stipulated conditions. Exemptions enable regulators to be proportionate in the regulation of the marine environment by making the marine licensing process more efficient and cost-effective where the activity concerned is considered to be low risk.

While the proposed activity may not require a marine licence, other consents may still need to be obtained. See Practice Note: Marine licensing—construction.

Exemptions currently fall into six categories:

1. •

   activities that are regulated under other legislation

2. •

   activities necessary for the safety of vessels or human lives

3. •

   activities taken to prevent pollution

4. •

   operational defence activities

5. •

   certain types of maintenance by relevant statutory bodies

6. •

   routine low risk activities

The Marine Management Organisation (MMO) has published Statutory Guidance on marine licensing exempted activities. There are three categories for the activities