Marine licence requirements for activities in areas beyond national jurisdiction (ABNJ)

Who this guidance applies to:

You may need a marine licence from the Marine Management Organisation (MMO) if you carry out or control a planned activity in ABNJ and:

• you are a UK person, or
• the activity is carried out from a:
    - British vessel
    - British aircraft
    - British marine structure
    - floating container that is controlled from one of the above

For the purpose of this guidance, controlling an activity means causing or permitting another person to carry on that activity. This could include, managing, directing or otherwise being responsible for the activity, whether directly or through another person or organisation.

For  deposits, scuttling (sinking) and incineration, a licence may also be required where the material or vessel was loaded in, or towed or propelled from, the UK Marine licensing area.

For the purpose of this guidance, a UK person means:

An:

• Individual who is a British citizen or habitually resident in the United Kingdom
• Organisation, incorporated or formed under the law of any part of the United Kingdom

Activities that may require a marine licence

You may require a marine licence if your activity in ABNJ involves:

• dredging
• constructing, maintaining, altering or improving a structure
• removing a substance or object
• depositing a substance or object
• using explosives
• scuttling (sinking) a vessel or floating container
• incinerating a substance or object

Whether you need a marine licence depends on the activity being carried out and, for some activities, whether environmental screening thresholds or exemptions apply.

When an exemption may apply in ABNJ

Most marine licence exemptions that apply to activities in UK waters also apply in ABNJ. Specific exemption provisions also apply to certain activities carried out in ABNJ.

Whether an exemption applies depends on:

• the type of activity
• how the activity is carried out
• whether it exceeds the (de minimis threshold)
• whether it exceeds the Environmental Impact Assessment threshold.

You should not assume your ABNJ activity is exempt. The MMO must confirm whether an exemption applies.

Environmental thresholds exemption

Marine licensing in ABNJ applies to the same types of activity that require a marine licence in UK waters. Some activities may be exempt from the requirement for a marine licence if they fall below environmental impact thresholds. This means they are considered to have a low environmental impact.

This exemption may apply to:

• dredging
• construction works
• removal activities
• use of explosives

The exemption may also apply to deposit, scuttling and incineration activities carried out or controlled by a UK person where the activity:

• was not loaded in, propelled or towed from, the UK, and
• is not carried out from a British vessel, aircraft or marine structure (see the section on Deposits, scuttling and incineration activities).

De minimis threshold

An activity may be exempt where it is not expected to have more than a minor or temporary effect on the marine environment or if the environmental effects are unknown or poorly understood (de minimis threshold). You can use the de minimis assessment threshold assessment flowchart) to help you understand whether your activity may be above or below the de minimis threshold.

If you believe your activity will be below the de minimis threshold, you should complete the de minimis screening form. The MMO will assess the information you provide and let you know whether your activity is exempt from the requirement to obtain a marine licence.

You must receive written notification from the MMO that your activity is exempt before carrying out the activity.

Activities above the de minimis threshold:

If your activity is above the de minimis threshold, you must apply to the MMO for an Environmental Impact Assessment (EIA) screening opinion. You can apply using the EIA screening opinion form and submit it to MMO.

The screening opinion will determine whether an EIA is required.  An EIA is required when an activity is likely to cause substantial pollution of or significant and harmful changes to the marine environment.

An activity may be exempt if an EIA is not required. Following the screening process, the MMO will advise whether you need to apply for a marine licence.

Deposits, scuttling and incineration activities

Unless one of the marine licence exemptions applies, deposits, scuttling and incineration activities carried out from a British vessel, aircraft, marine structure or floating container require a marine licence.

The same applies where material is loaded in, or a vessel or object is towed or propelled from, the United Kingdom.

You must complete de minimis screening and, where applicable, EIA screening before applying for a marine licence.

Subsea cables in ABNJ

The laying, maintenance and removal of submarine cables in ABNJ is exempt from marine licensing in most circumstances.

A marine licence is required where explosives are used as part of the cable removal activity, or where the cable is constructed or used in connection with:
   - exploration of the UK sector of the continental shelf
   - exploitation of natural resources within that sector
   - the operation of artificial islands, installations or structures under UK jurisdiction
   - the prevention, reduction or control of pollution from pipelines

Activities regulated by the Scottish marine licensing regime

Some activities in ABNJ are regulated by the Scottish marine licensing regime instead of the MMO.

This may apply to:

• deposit, scuttling or incineration activity where the loading, towing or propelling element takes place in Scotland or the Scottish marine area
• activities carried out or controlled by a Scottish person

Check whether your activity falls within the Scottish marine licensing regime before applying. Guidance on who is covered by the Scottish regime, including the meaning of Scottish person and Scottish marine area, is available from the Scottish licensing authority.

Fees

The MMO charges Band 3 fees for:

• EIA screening opinions for activities in ABNJ
• marine licence applications for activities in ABNJ

See the MMO marine licensing fees guidance for current charges.