Welsh Ministers have made the Marine Licensing (Exempted Activities) (Wales) (Amendment) Order 2026 (WSI 2026/21), which amends the 2011 exemptions regime under Part 4 of the Marine and Coastal Access Act 2009. The instrument was made on 2 February 2026 and comes into force on 1 April 2026.
The Order applies to licensable marine activities in the Welsh inshore and offshore regions where Welsh Ministers act as the licensing authority. It will be most relevant to harbour authorities, local authorities, the Natural Resources Body for Wales (NRW), coast protection and Welsh risk management authorities, aquaculture operators, scientific institutions, divers and contractors.
Key definitions are updated. The former ‘European site’ terminology is removed and a wider ‘marine protected area’ concept is used, covering special areas of conservation, special protection areas, marine conservation zones and sites of special scientific interest. New definitions are introduced for marine litter, invasive non‑native species, coast protection authority, Welsh risk management authority, the UK Hydrographic Office, Trinity House and Ministry of Defence strategic interest.
Many exemptions now hinge on prior notification and prompt reporting. Typical conditions include notifying the UK Hydrographic Office at least five days before deposits and within five days of removals, and notifying the Maritime and Coastguard Agency and Trinity House at least five days before certain markers and dry‑dock activities. Notices should include World Geodetic System 1984 coordinates where markers or structures are involved.
Safeguards are tightened. Across multiple provisions, an exemption does not apply if an activity is likely to have a significant effect on a marine protected area or risks damage to archaeological or historic features. The salvage exemption is narrowed so that removal of wrecks or objects of archaeological or historical interest requires a marine licence. Emergency flood works lose their exemption where a failure to maintain a structure preceded the event.
Shellfish propagation and cultivation remain exempt in defined circumstances, now expressly covering associated removal and dredging activities. Expansion beyond the footprint of existing operations is excluded, and activities likely to significantly affect a marine protected area are outside scope. Deposits must be notified to the UK Hydrographic Office at least five days in advance with details and WGS84 co‑ordinates.
Scientific instruments and associated equipment can be deposited and removed without a licence subject to conditions. Operators must notify the UK Hydrographic Office at least five days before deposits and within five days of removals. Reagents and tracers require approval by the licensing authority and must be used under any approval conditions. The exemption does not cover disposal, deployments that reduce navigational clearance by more than five per cent relative to Chart Datum, or activity likely to significantly affect a marine protected area.
Maintenance of coast protection, drainage and flood defence works by Welsh risk management authorities or coast protection authorities continues to benefit from exemption consistent with the Flood and Water Management Act 2010 terminology. For emergency works in response to flood or flood risk, the exemption does not apply where lack of maintenance contributed to the problem.
Beach management is broadened. Using vehicles or vessels to remove litter, marine litter, debris, dead animals or abandoned, discarded or lost fishing gear from beaches or the intertidal area is exempt when undertaken by or for Welsh Ministers, local authorities, harbour authorities, NRW or an environmental charity. Charities may only remove dead animals when acting for those bodies and must notify the enforcement authority before doing so. Wind‑blown sand may be cleared from promenades, roads or slipways and returned to the beach within seven days, provided it is free from marine litter and land‑based contaminants.
Navigation and harbour operations receive clarifications. Deposits during normal navigation or maintenance now include related removals. Deposits, removals and works to replace or maintain moorings and aids to navigation are exempt when carried out by the specified authorities. Removal of obstructions remains exempt but must be reported to the UK Hydrographic Office within five days. Activities in harbour dry docks by or for the harbour authority are exempt with at least five days’ notice to the Maritime and Coastguard Agency and Trinity House and a requirement to clear debris before vessel movements. Provisions linked to launching vessels now include subsequent removal.
Markers are rationalised. Placing markers to indicate the extent of a marine protected area is exempt, with at least five days’ notice required to the Maritime and Coastguard Agency, Trinity House and the UK Hydrographic Office. Temporary markers for recreational activities such as sailing, swimming or diving are permitted where advance notice is given if the marker remains in place for more than 24 hours and the marker is removed within 28 days.
Subsea cables and pipelines continue to benefit from an emergency inspection and repair exemption. A new duty requires notification to the UK Hydrographic Office of any changes to charted cable or pipeline positions within five days after completing emergency repairs, and deposits for long‑term protection are expressly included.
Routine minor works to existing bridges, cantilevered structures, jetties and piers undertaken by local authorities or harbour authorities are exempt. The provision excludes new access structures, dredging or disposal, any activity that reduces air clearance for vessels under a bridge relative to Highest Astronomical Tide, and any activity that presents a navigational hazard or is likely to significantly affect a marine protected area.
Harbour authorities and NRW can remove abandoned or derelict vessels under an exemption provided the Maritime and Coastguard Agency is notified at least 24 hours beforehand. The exemption does not apply within areas designated as restricted under the Protection of Wrecks Act 1973, or where activities risk navigation or are likely to significantly affect a marine protected area.
Firework displays involving deposits in the marine environment and the removal of associated litter are exempt where they will not cause a navigational hazard and are not likely to significantly affect a marine protected area. Organisers should plan recovery of debris to remain within scope.
Sampling and site investigation are codified. Sampling for testing or analysis is exempt up to a total removal of one cubic metre, with a condition that activities must not adversely affect any Ministry of Defence strategic interest. Excavation and backfilling of trial pits, removal of material in connection with drilling boreholes, and vibrocore sampling are each exempt where the total material removed does not exceed five cubic metres per plan or project. Exemptions are lost if navigation safety, archaeology or marine protected areas could be affected.
Accidental deposits on the seabed may be removed without a licence provided removal begins within 12 months of the accidental deposit and the activity does not create a navigational hazard or a likely significant effect on a marine protected area.
Maintenance dredging for navigation is introduced on a limited basis. Sites must have seen dredging or a relevant operation within the previous ten years, and the site must not exceed 1,500 cubic metres dredged in the preceding 12 months. Separately, the exemption is unavailable where any dredging activity would exceed 500 cubic metres, meaning the tighter threshold governs eligibility. The exemption also falls away where activities could undermine river basin management plan objectives or cause environmental damage, and it does not extend to disposal of dredged material. Works must not adversely affect Ministry of Defence strategic interests or navigation.
Seagrass restoration receives a dedicated exemption covering the deposit and movement of native seagrass seeds, cuttings, plants and sediment cores to establish or restore beds, provided donor beds are not harmed. Activities must follow International Union for Conservation of Nature guidelines on conservation translocations, use only native species free from invasive non‑native species, and avoid navigational hazards, archaeological harm, significant effects on marine protected areas and the use of non‑biodegradable or harmful substances.
Further adjustments include an exemption for works by Welsh risk management or coast protection authorities to upgrade coast protection, drainage or flood defence assets where local planning permission is required and works remain within existing boundaries, with five days’ notice to the UK Hydrographic Office; an exemption covering activities that already require permits under the Offshore Chemicals Regulations 2002 or the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 to avoid duplicate licensing; and a technical amendment removing an obsolete Waste Framework Directive modification. The Order enters into force on 1 April 2026.