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A Marine Licence is required under theÌýÌý(Part 4) for activities involving the deposit or removal of a substance or object below the Mean High Water Springs Mark or in any tidal river to the extent of the tidal influence, and up to the boundary of the UK territorial seas. Marine licensing for Northern Irish inshore waters is carried out by theÌýÌýof the Department of Agriculture, Environment and Rural Affairs (DAERA). For offshore waters, marine licensing lies under the jurisdiction of theÌýÌý(MMO).

Inshore Waters

Marine licensing for Northern Irish inshore waters is carried out by theÌýÌýof the Department of Agriculture, Environment and Rural Affairs (DAERA). Types of activity that may require a marine licence includeÌýÌý(e.g. moorings, pontoons, jetties, marinas, piers, slipways etc.), andÌý. More information can be found in DAERAÌý.

DAERA have guidance on theÌýÌýfor a marine licence. While there is no statutory timeframe associated with an application, the Marine and Fisheries Division aim to process each application within four months of receiving all relevant documentation. The consultation phase lasts 28 days.

For more information as to whether your activity might need a marine licence, please look on our 'Which activities need a marine licence?' page.Ìý

In order to apply for a marine licence, you may also need to:

• carry out anÌýÌýunder theÌý;
• carry out a Habitat Regulations Assessment under theÌý; and
• ensure any activities licensed are compliant with theÌý (WFD).

Exemptions

Not all activities require a licence however. Some low risk or otherwise well-controlled activities are exempt under theÌý. DAERA also produce further guidance onÌý.

Exempt activities include:

• Dredging on behalf of a harbour authority.
• Harbour and lighthouse authorities do not need a licence to deposit or remove piled or swing moorings or aids to navigation (such as marker buoys).
• A conservancy, harbour, lighthouse or navigation authority do not need a marine licence to remove anything causing or likely to cause an obstruction or danger to navigation.
• Deposits of any substance or object in the normal course of navigation do not require a marine licence. This is to allow routine activities such as the deposit of anchors to be carried out without the need for a licence.
• Launching a vessel.
• Maintenance of coast protection, drainage and flood defence works.

The marine licensing process

Details of the marine licensing process are available from theÌý, and in theirÌý. The guidance note covers the pre-application and application stages, as well as post-consent variations. Further information is available on the DAERA website onÌý,Ìý, andÌý. A list of guidance notes can also be found on the DAERAÌý. Details of marine licences are available through theÌý. The DAERA website also listsÌýÌýfor the Marine Strategy and Licensing Branch for further information.

Protected Areas

Any project within or adjacent to a European protected site may need a Habitats Regulations AssessmentÌý(HRA). This includesÌýSpecial Areas of ConservationÌý(SACs),ÌýSpecial Protection AreasÌý(SPAs) andÌýRamsarÌýsites. HRA Screening can be conducted at the pre-application stage to determine whether a project is likely to have a significant effect on the protected site. If the HRA determines the project has the potential to have a Likely Significant Effect (LSE), an Appropriate Assessment (AA) will be required. More information is available from a DAERAÌýÌýnote, and the DAERAÌý.

Environmental Impact Assessments

Some types of project require an Environmental Impact AssessmentÌý(EIA). Screening can be carried out prior to a marine licence application to determine whether an EIA is required in relation to the proposed works. Where an Environmental Statement (ES) is required, a potential applicant can request a 'scoping opinion' as to the data and information to be included in the ES. More information is available from DAERA guidance notes on theÌýÌýand on theÌý.

Water Framework Directive

TheÌýÌý(WFD) protects waters between the Mean Low Water Mark (MLWM) to one nautical mile offshore. You may need to show compliance with the WFD with a marine licence application. More information is available from a DAERAÌý note.

Further Consents

Further consents may be required, particularly when projects extend into the inter-tidal area, or on land, including:

• Planning permission from Local Council Planning Service.
• Where a proposed activity may affect anÌýArea of Special Scientific InterestÌý(ASSI),ÌýÌýmust be gained jointly from the Northern Ireland Environment Agency (NIEA) and Marine and Fisheries Division.
• Ìýrequire consent for any seabed intrusive works within 12 nautical miles of the coast.
• Activities involving anyÌýÌýor any works in, over or adjacent to a watercourse require consent from the Rivers Agency.ÌýÌýare for consents to discharge storm water to a watercourse, construct a bridge across or culvert a watercourse, divert a watercourse, cross under / over a watercourse, or other works adjacent to or affecting a watercourse.
• A wildlife licence forÌýÌýorÌýÌýspecies may be required if there is a risk of disturbance to a protected species.

Offshore Waters

For offshore waters, marine licensing lies under the jurisdiction of theÌýÌý(MMO). Information on the MMO marine licensing process is available on theÌý. Further explanation is also available through theÌýRYA marine licensing pages.