Types of marine licence notices The Marine and Coastal Access Act 2009 (MCAA 2009), provides for a range of notices to be issued by the appropriate licensing authority or an enforcement authority to enforce provisions relating to marine licences or licensable marine activities. MCAA 2009, s 108 creates a requirement for the appropriate licensing authority by regulations to make provision for those on whom a notice is issued to appeal against such notices. The Marine Licensing (Notices Appeals) Regulations 2011, SI 2011/936 purport to meet this requirement and provide licensees with a right of appeal against a range of notices served under MCAA 2009: • (1) notices relating to the variation, suspension or revocation of a marine licence (or the extension of a period of suspension) issued under MCAA 2009, s 72 and • (2) enforcement notices to address non-compliance with the requirements of the MCAA 2009 in the marine environment, to put right harm and prevent further harm to the environment or human health or interference with other sea-users: ◦ compliance

Marine licensing requirements for construction activities A marine licence is required to construct, alter or improve any works within the UK marine licensing area either: • in or over the sea bed, or • on or under the sea bed In addition to works where part or all of the construction takes place on the foreshore or otherwise in the inshore region, works may be located beside marine waters, but their construction may involve elements that are placed in or even overhang the marine area (such as the placement of scaffolding, or even bridges over tidal rivers such as the River Thames which is tidal inland as far as Teddington Lock). This part of the works will fall within the marine licensing scheme of Part 4 to the Marine and Coastal Access Act 2009 (MCAA 2009). For marine licence applications in general, see Practice Note: Marine licensing—licence application procedure. 'Construction' applies to a wide range of activities including: • energy generation • harbour and/or navigation works • land reclamation • oil and gas activities

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 can be described as falling into six categories: • activities that are regulated under other legislation • activities necessary for the safety of vessels or human lives • activities taken to prevent pollution • operational defence activities • certain types of maintenance by relevant statutory bodies • routine low risk activities The Marine Management Organisation (MMO) has published updated Statutory Guidance on marine licensing exempted activities alongside a marine licence

Legislative context The marine licensing system under the Marine and Coastal Access Act 2009 (MCAA 2009) introduced a new independent appeal mechanism for applicants to appeal against licensing decisions made under MCAA 2009, s 71. MCAA 2009, s 73 stipulates that further regulations must be made for any person who applies for a marine licence to appeal against a licensing decision made by a relevant licensing authority. This requirement was met with the introduction of the Marine Licensing (Licence Application Appeals) Regulations 2011, SI 2011/934 (the Licence Application Appeals Regulations), which sets out the process for appeals against licence application decisions. The Licence Application Appeals Regulations, SI 2011/934 aim to ensure that licence decisions are made transparently and that the decision-making body is accountable for the decisions it makes. From 6 April 2011, applications for a marine licence have the right to appeal against a decision made by the Secretary of State (or the Marine Management Organisation (MMO) under its delegated licensing powers) in relation to a marine licence application. After

When is a marine licence required? The list of ‘licensable marine activities’ is set out in section 66 of the Marine and Coastal Access Act 2009 (MCAA 2009). In summary: • all vessels, aircraft or structures will need a licence to deposit, scuttle or incinerate any object or substance within the UK marine licensing area • all vessels, aircraft or structures will need a licence to load or begin towing in the UK marine licensing area, and • British vessels, aircraft and offshore structures are also subject to marine licensing requirements for certain activities carried out beyond UK marine waters, including activities undertaken in areas beyond national jurisdiction as provided for by the MCAA 2009 (as amended) The Marine Licensing (Miscellaneous Provisions) (Amendment etc.) Order 2026, SI 2026/676 extends aspects of the marine licensing regime under the MCAA 2009 to certain activities carried out by UK persons, vessels, aircraft and offshore structures in areas beyond national jurisdiction. The amendments implement the UK's obligations under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement (the 'High Seas Treaty') by bringing

International regime under UNCLOS The laying of cables and pipelines is one of the freedoms of the High Seas under the UN Convention on the Law of the Sea 1981 (UNCLOS). Furthermore, under UNCLOS all States are entitled to lay submarine cables and pipelines on the continental shelf. Regard must be given to existing submarine cables and pipelines to preserve the ability to access and maintain them. While the UK as a Coastal State may not impede the laying of submarine cables and pipelines, or their maintenance, it may take reasonable measures to prevent, reduce and control any pollution from these pipelines. The actual route, or delineation, of the cable or pipeline must still be approved by the UK in relation to the continental shelf. Cables Scenario 1—cable route exclusively within inshore waters Where a submarine cable only runs through the UK territorial waters, (ie up to 12 nautical miles from Mean High Water Springs (MHWS)), it is a licensable activity and the normal marine licensing regime under the Marine and Coastal

Variation, suspension or revocation The licensing authority has the power to vary, suspend or revoke a licence under section 72 of the Marine and Coastal Access Act 2009 (MCAA 2009). A marine licence may be varied, suspended or revoked in a number of circumstances: • breach of licence provisions or conditions • false, misleading or insufficient information supplied in the licence application process (where provision of the correct information would likely have caused the application to have been refused or granted in different terms) • change in circumstances relating to the environment or human health • increased scientific knowledge relating to the environment or human health • it is in the interests of safety of navigation • any other reason that appears to the authority to be relevant (MCAA 2009, s 72(3)(d)) The catch-all provision ‘any other reason that appears to the authority to be relevant’ is likely to be tested by reference to the licensing authority’s general objective set out in MCAA 2009, s 2, which

Marine planning in the UK Marine planning in the English and Welsh inshore regions is governed by Part 3 of the Marine and Coastal Access Act 2009 (MCAA 2009). MCAA 2009 gives devolved administrations responsibility for their inshore and offshore waters as the ‘responsible marine planning authorities’, with the exception of the Scottish and Northern Ireland inshore waters, as marine planning for these regions are already addressed by the Marine (Scotland) Act 2010 and the Marine Act (Northern Ireland) 2013 (not available in Lexis®Library) respectively. MCAA 2009 created a framework for managing and protecting the marine environment. It: • established a strategic marine planning system to set out local and national marine objectives and priorities, which provide the policy context for licensing decisions • changed the licensing requirements and procedure to carry out certain activities in the marine environment • established the Marine Management Organisation (MMO) as the government’s licensing and regulatory body in the marine area • established the statutory framework for the creation of a coastal

Marine Protected Areas (MPA) are areas of the ocean established to protect habitats, species and processes essential for healthy, functioning marine ecosystems. The purpose of an MPA is to protect and recover rare, threatened and important habitats and species from damage caused by human activities. In England, MPAs are designated to protect specific habitats or species (also known as ‘features’) and have conservation objectives which state what conservation outcomes the MPA is designed to achieve. Much of UK policy and legislation concerning plastics and plastic pollution is also designed to protect the marine environment. For more information, see Practice Note: Waste types and controls—plastics. Marine Protected Areas There are approximately 180 MPAs in English waters, covering approximately 50% of inshore and 37% of offshore waters. The Joint Nature Conservation Committee (JNCC), a statutory adviser to the UK Government and devolved administrations, provides an interactive map, which shows all the MPAs in UK waters. Legislation and policy The MPA network in England and Wales provides designated protection for the marine environment and stems from various legislative sources. It includes:

Marine species protection in England and Wales comes from a range of international, European and national measures, which include: • Convention on Biological Diversity 1992 (CBD) • Convention for the Protection of the Marine Environment of the North-East Atlantic 1992 (OSPAR Convention) • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) • United Nations Convention on the Law of the Sea 1982 (UNCLOS) • Habitats Directive 92/43/EEC (Habitats Directive) and Birds Directive 2009/147/EC (Birds Directive) , see Habitats and Birds Directives below • Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations 2017) • Conservation of Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013 (the Offshore Regulations 2017); • Wildlife and Countryside Act 1981 (WCA 1981) • Species specific legislation • Environment Act 2021 (EA 2021) This is similar to legislative provisions creating the marine protected areas network in England and Wales. For more information, see Practice Note: Marine protected areas. The international element of the UK’s nature conservation regime is significant. In September 2023 the UK Government reaffirmed its

Introduction Marine war risks insurance covers a series of disparate perils. They are collected together for historical reasons, in that they were historically excluded from, or not covered by, ordinary marine risks cover. The technique for covering war risks before 1982/1983 was convoluted. Some risks were excluded from marine cover by a warranty that the subject-matter would be ‘free of capture and seizure’ (‘f. c. & s.’). War risks insurance covered those risks which would be excluded by the f. c. & s. clause. This Practice Note focuses on war risks insurance for marine hull and marine cargo, as written in the London market, though much of the content is also applicable to other classes of marine war risks insurance (eg marine liability insurance). In the case of hull insurance, the various war-risks perils are collected in the Institute War and Strikes Clauses—Hulls (the Hull War Clauses). In the case of marine cargo insurance there are two relevant sets of Institute Clauses, which cover war risks (the Cargo War Clauses) and strikes, terrorism and political

Assets acquired during the marriage or civil partnership.