The Marine Licensing (Exempted Activities and Fees) (Amendment) Regulations 2026
Adjusted marine licensing fees, introduced annual inflation-linked increases, and modified exemptions for activities affecting Highly Protected Marine Areas.
These regulations amend the legal framework for marine licensing in UK waters, increasing the standard hourly fee for licence applications to £155 and introducing annual inflation-linked adjustments.
The document establishes new exemptions for specific maintenance tasks on bridges and the installation of advanced mooring systems while simultaneously restricting existing exemptions for activities that could impact Highly Protected Marine Areas.
It applies to the Secretary of State as the licensing authority and affects any person or organization—such as harbour authorities, researchers, or developers—engaged in licensable marine activities like deposits, removals, or construction in the marine environment.
Arguments For
The document states that fee levels are determined by reference to the expected costs of dealing with applications or carrying out regulatory activities.
Proponents indicate that the regulations ensure licensing authorities can recover costs for monitoring, variations, and transfers of marine licences.
The order asserts that annual adjustments linked to the Consumer Prices Index (CPI) maintain the real-term value of fee income against inflation.
The legislation framing suggests that restricting certain exemptions in Highly Protected Marine Areas (HPMAs) is necessary to protect sensitive ecological and geomorphological processes.
Arguments Against
Commercial operators may raise concerns regarding the increase of the hourly rate from £122 to £155 and the introduction of annual CPI-linked hikes.
Marine developers might identify implementation difficulties regarding the new requirement to report sub-bottom profiling data to the UK Marine Noise Registry.
Stakeholders in the maritime industry may question the ambiguity of the phrase "capable of affecting (other than insignificantly)" when determining if an activity qualifies for an exemption near an HPMA.
Port and harbour authorities may be concerned by the new limitation requiring specific approval for constructing more than 10 pontoons within a six-month period.
1.—(1) These Regulations may be cited as the Marine Licensing (Exempted Activities and Fees) (Amendment) Regulations 2026 and come into force on 4th January 2027.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official name of the regulations and sets the commencement date for all provisions as 4 January 2027.
It specifies that the legal reach of these rules encompasses the entire United Kingdom.
The Marine Licensing (Exempted Activities) Order 2011 is amended in accordance with this Part.
At the appropriate place in article 3 insert—
""advanced mooring system" means a mooring which uses a suspended or buoyant rode for the purpose of minimising contact with the sea bed;"
""highly protected marine area" means a marine conservation zone from time to time designated by an Order made under section 116 of the Act, the title of which includes "Highly Protected Marine Area";"
""working day" means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971.".
This part introduces new definitions into the existing 2011 Order to clarify the scope of exemptions.
It defines "advanced mooring systems" by their technical design to protect the seabed and identifies "highly protected marine areas" as a specific subset of marine conservation zones.
4.—(1) Article 13 is amended as follows.
(2) In paragraph (2)— (a) omit the "or" after sub-paragraph (b); (b) at the end insert "or— (d) to any such deposit that— (i) falls within paragraph (3); and (ii) is not directly connected with or necessary to the management of the area referred to in that paragraph.".
(3) At the end insert—
"(3) A deposit falls within this paragraph if it is capable of affecting (other than insignificantly)—
(a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.".
This section modifies the exemption for shellfish propagation and cultivation.
It removes the exemption if the activity is capable of significantly affecting a highly protected marine area, unless the activity is specifically required for managing that area.
5.—(1) Article 17 is amended as follows.
(2) In paragraph (1)(a), for "or associated equipment" substitute "other than a seismic airgun, or to the deposit of any associated equipment,".
(3) In paragraph (2) for "condition 1" substitute "conditions 1 and 4".
(4) After paragraph (4) insert—
"(4A) Condition 4 is that, in the case of the deposit of a sub-bottom profiling system— (a) information about the date of the first such deposit must be provided to the licensing authority before the end of the period of 6 months beginning with the date on which that deposit takes place; (b) information about the dates on which, and location at which, the deposit takes place must be submitted to the Joint Nature Conservation Committee for inclusion in the UK Marine Noise Registry— (i) before the end of the period of 6 months beginning with the date on which the first such deposit takes place; (ii) before the end of each subsequent period of 6 months during which the deposit takes place; and (iii) before the end of the period of 12 weeks beginning with the date on which the final such deposit takes place.
(4B) In this regulation— "sub-bottom profiling system" means instruments or equipment which use an acoustic or seismic energy source for the purpose of surveying the geological features beneath the seabed; "UK Marine Noise Registry" means the database developed and maintained by the Joint Nature Conservation Committee on behalf of the Secretary of State to record the spatial and temporal distribution of impulsive noise generating activities in UK seas.".
This section updates the exemption for scientific instruments by explicitly excluding seismic airguns from the permit-free category.
It also mandates that operators using sub-bottom profiling systems must report their activity dates and locations to the UK Marine Noise Registry.
- For article 19(3) substitute—
"(3) But article 4 does not apply to any such activity— (a) that consists of beach replenishment; or (b) that— (i) falls within paragraph (3A); and (ii) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(3A) An activity falls within this paragraph if it is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.".
This provision clarifies that flood defence and coast protection works are not exempt from licensing if they involve beach replenishment.
It also removes the exemption for works that could significantly impact a highly protected marine area.
- At the end of article 22 insert—
"(3) Article 4 does not apply to a deposit described in paragraph (1) which consists of the deposit of a spud leg and which— (a) falls within paragraph (4); and (b) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(4) A deposit falls within this paragraph if it is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.
(5) In paragraph (3), "spud leg" means a leg or stake for anchoring a vessel that can be jacked up to lift its hull above the waterline.".
This amendment targets the use of "spud legs" (mechanical anchoring stakes) during normal navigation or maintenance.
It mandates a marine licence for these deposits if they occur in or affect a highly protected marine area.
- At the end of article 23 insert—
"(3) But article 4 does not apply to any such activity that— (a) falls within paragraph (4); and (b) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(4) An activity falls within this paragraph if it is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.".
This section limits the licensing exemption for harbour works.
Maintenance activities that might affect the conservation features of a highly protected marine area now require a formal licence.
- After article 23 insert—
"Maintenance of bridges and cantilevered structures 23A.—(1) Article 4 applies to a deposit, removal activity or works activity carried on for the purpose of maintaining the ancillary assets of a bridge or cantilevered structure which is over the sea.
(2) In paragraph (1) "ancillary assets" means those parts of the bridge or cantilevered structure which do not form part of its structure, including lights, signage, drainage, fencing, pathways and road surfaces.
(3) Paragraph (1) is subject to the condition that the activity is carried on wholly within the external perimeter of the bridge or structure being maintained.".
This creates a new exemption for maintaining secondary components of bridges, such as lighting and road surfaces, provided the work stays within the footprint of the bridge.
It removes the need for a marine licence for these specific routine maintenance tasks.
- For article 25 substitute—
"Moorings and aids to navigation 25.—(1) Article 4 applies— (a) to a deposit or works activity carried on for the purpose of providing a pile mooring, swinging mooring, trot mooring, advanced mooring system or aid to navigation; (b) to a removal activity carried on for the purpose of removing any such mooring or aid to navigation.
(2) Where the activity is carried on by a person other than a harbour authority or a lighthouse authority, paragraph (1) is subject to the conditions that— (a) the activity must be carried on in accordance with a consent granted by a harbour authority or a lighthouse authority; and (b) before the activity is carried on, the person must give to the licensing authority— (i) a copy of that consent; and (ii) notice of the intention to carry on the activity.
(3) But article 4 does not apply to any such activity that— (a) falls within paragraph (4); and (b) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(4) An activity falls within this paragraph if it is carried out by a person other than a lighthouse authority and is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.".
This replaces the previous article regarding moorings and navigation aids.
It extends exemptions to include "advanced mooring systems" but requires private individuals to obtain and share local authority consent and prohibits the exemption in highly protected marine areas.
- After article 25 insert—
"Replacement of existing swinging mooring with advanced mooring system 25ZA.—(1) Article 4 applies to a deposit, removal activity or works activity carried on for the purpose of replacing a swinging mooring with an advanced mooring system.
(2) Paragraph (1) is subject to the conditions that— (a) the anchor for the advanced mooring system is either a helical screw or, where the existing anchor cannot be removed, that existing anchor; (b) the anchor for the advanced mooring system is deposited within the existing boundary of the existing anchor; (c) notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on; (d) no damage is caused during the activity to any habitat or species which is a protected feature of a European site, a Ramsar site or an MCZ.
(3) Article 4 does not apply to an activity described in paragraph (1) that— (a) falls within paragraph (4); and (b) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(4) An activity falls within this paragraph if it is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.
(5) In this article— "deposit, removal activity or works activity" does not include any such activity which consists of the deposit or the construction of a pontoon; "existing anchor" means the seabed anchor used by the swinging mooring which is to be replaced by an advanced mooring system.".
This section introduces a specific exemption for upgrading traditional swinging moorings to more environmentally sensitive advanced systems.
The exemption is contingent on using existing anchors or helical screws and ensuring no damage to protected habitats or highly protected marine areas.
- For article 25A substitute—
"Pontoons 25A.—(1) Article 4 applies— (a) to a deposit or works activity carried on for the purpose of providing a pontoon; or (b) to a removal activity carried on for the purpose of removing a pontoon.
(2) Paragraph (1) is subject to the condition that notice of the intention to carry on the activity must be given to the licensing authority before the activity is carried on.
(3) Where the activity is carried on by a person other than a harbour authority, paragraph (1) is subject to the conditions that— (a) the activity must be carried on in accordance with a consent granted by a harbour authority; and (b) before the activity is carried on, the person must give a copy of that consent to the licensing authority.
(4) Paragraph (1)(a) is subject to the condition that the activity may only be carried on with an approval granted by the licensing authority where— (a) the activity is carried on by, or with the consent granted by, a harbour authority; and (b) in the 6 months before the activity is commenced, more than 10 pontoons have been constructed by, or with the consent granted by, that harbour authority.
(5) But article 4 does not apply to any activity referred to in paragraph (1)— (a) that consists of the deposit, construction or removal of a pontoon the deck of which has an area exceeding 30 square metres; or (b) that— (i) falls within paragraph (6); and (ii) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(6) An activity falls within this paragraph if it is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.".
This updates the rules for pontoon construction and removal.
It limits the size of exempt pontoons to 30 square metres and introduces a new requirement for licensing authority approval if a harbour authority oversees more than 10 pontoon projects in a six-month period.
- For article 27A substitute—
"Deposit of a substance arising from the cleaning of vessels 27A.—(1) Article 4 applies to the deposit of a substance removed from that part of the hull of a vessel which is normally submerged ("submerged hull").
(2) Paragraph (1) is subject to the condition that— (a) the removal of the substance, whether it is undertaken by hand or by mechanical means, is undertaken using only— (i) a soft cloth; (ii) a sponge; (iii) the bristles of a soft brush; or (iv) sandpaper, the grit size of which is at least P2000; and (b) where the removal is undertaken by mechanical means— (i) the removal is carried out using a technique or technology which ensures that the amount of the substance deposited either in the sea, or on or under the sea bed, after removal is negligible; (ii) the substance removed does not include anti-fouling paint; and (iii) the removal of the substance is from a submerged hull no more than 15 per cent of which is covered by visible aquatic organisms.
(3) But article 4 does not apply to any such deposit that— (a) falls within paragraph (4); and (b) is not directly connected with or necessary to the management of the area referred to in that paragraph.
(4) A deposit falls within this paragraph if it is capable of affecting (other than insignificantly)— (a) the protected feature of a highly protected marine area; or (b) any ecological or geomorphological process on which the conservation of the protected feature of the highly protected marine area is (wholly or in part) dependent.".
This provision sets strict conditions for the hull cleaning exemption.
It permits the deposit of materials removed during cleaning only if soft tools are used, no anti-fouling paint is removed, and the hull is less than 15% covered by organisms, provided the activity does not impact a highly protected marine area.
17.—(1) Regulation 2 is amended as follows. (2) At the appropriate place insert— ""consumer prices index" means the all items consumer prices index published by the Statistics Board;" ""deemed licence" means a marine licence deemed to have been granted under Part 4 of the Act..." ""fee change date" means— (a) 1st April 2027; (b) 1st April in any subsequent year;" ""hourly rate" has the meaning given in regulation 2A;" ""relevant CPI percentage"... means the percentage by which the consumer prices index for the September before the fee change date is higher than it was for the September before that, or 0% if it is not higher.".
This section introduces definitions required for the new fee structure.
It links future fee increases to the Consumer Prices Index (CPI) and establishes 1 April of each year as the date for annual price adjustments.
- After regulation 2 insert—
"Meaning of "hourly rate" 2A.—(1) The hourly rate is £155, subject to annual increase in accordance with this regulation. (2) The hourly rate is increased on each fee change date by the relevant CPI percentage, rounded to the nearest £1. (3) An increase in the hourly rate in accordance with paragraph (2) applies in respect of hours worked and hours of travel undertaken on or after the fee change date.".
This regulation raises the standard hourly rate for marine licensing work from its previous level to £155.
It mandates that this rate will increase annually every April based on inflation figures from the previous September.
- After regulation 4 insert—
"Fee payable for monitoring 4A.—(1) The fee payable in respect of monitoring... is set out in the third column of those tables.
Fee payable for variation or transfer 4B.—(1) The fee payable in respect of the variation of a licence... or for the transfer and variation of a licence... is the fee set out in the third column of Schedule 3.".
These new regulations introduce formal fees for post-licensing activities.
Applicants and licence holders must now pay for the licensing authority to monitor compliance, change licence details (variations), or move a licence to a new owner (transfers).
Schedule 1: Application bands and maximum fees ...Band 2A: less than £20,000 [cost] — Maximum fee £2,950 Band 2B: £20,000 to £75,000 — Maximum fee £4,650 Band 2C: £75,000 to £250,000 — Maximum fee £9,290 Band 2D: £250,000 to £1,000,000 — Maximum fee £12,390 Band 3: Any other application — No maximum
This schedule categorizes licence applications into bands based on the estimated project cost.
Each band has a specific maximum fee cap, except for Band 3 (projects over £1 million), where fees are calculated by the hourly rate without an upper limit.
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