Geoff Bowles

Marine Consents & Environment Unit

Britain is a maritime nation..the sea around our coast has shaped our history and culture provides food and natural resources is an asset which we all enjoy and a rich and vital natural habitat.

.but it is also crucial to our economy

Wind PowerBUT IT CAN ALSO PROVIDE US WITHRENEWABLE ENERGY..

Sustainable Development

An underlying tenet of Government Policy:

a better quality of life for everyone now and for future generations to come

Derived from the Brundtland Commission:

Development which meets the needs of today without compromising the ability of future generations to meet their own needs

RENEWABLE ENERGY..PROVIDE US WITHBUT IT CAN ALSO Sustainable development around our coasts and at sea .

...must be accompanied by effective protection of the marine environmentDEFRA is one of the main Regulators of marine works and has a major role to play in achieving this objective

Regulation of Marine ActivitiesAbsence of Strategic PlanningMany Regulators & Consents - vertical (sectoral) controls - horizontal (cross-sector) consents - fragmented environmental measuresCrown Estate is principal landownerRights of Access - to navigate (right of free passage) - to fishPotential for mutual interference

The Primary Marine ConsentsPetroleum Act 1998 - DTI (Offshore oil & Gas) Electricity Act 1989 - DTI (offshore energy) Waste Management Licence & / or Discharge Consents - EA Approval of the land owner - usually the Crown Planning Consent (Town & Country Planning Acts) Approval of the Harbour Authority Coast Protection Act 1949 - DTLR (Ports) Food & Environment Protection Act 1985

Where Do These Controls Apply?

Marine Consents & Environment Unit

In April 2001 the Marine Consents & Environment Unit was established to provide a single point of contact to process all marine works applications -Marine EnvironmentPorts DivnFEPA LicencesCoast Protection Act /Telecomms Act ConsentsMarine Consents & Environment Unit

Marine Consents & Environment Unit

One of the principal benefits of the Unit is shared access to scientific and technical advice from CEFAS and the Sea Fisheries Inspectorate:Marine Consents & Environment UnitConservation AgenciesOther consulteesCEFAS LaboratoriesSea Fisheries Inspectorate

Marine Consents & Environment Unitholds all data & tracks the progress of each applicationfacilitates consultation with all external agencies & other regulators jointly for each consentimproves public access to data

The Unit uses a common database:Which.

DEFRAs Marine ControlsFood & Environment Protection Act - Part II (1985): DEFRA - Licensing Authority (England & Wales)Waste Management Licensing Regulations 1994: implements Waste Framework DirectiveConservation (Natural Habitats &c) Regulations 1994: implements Habitats DirectiveInternational obligations: FEPA implements national policy and compliance with: London Convention (1972) OSPAR Convention (1992) Other EU Directives (UWWTD, EIA,Shellfish Waters)

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Coastal Areas and DevelopmentOver 60 Marine Natura 2000 sitesUK estuaries comprise 28% of inter-tidal area of Atlantic & North Sea coast (over half a million hectares)256 important bird areas in UK - of which 130 are coastal and more than half of these are in estuariesOver 40 estuarine bird sites are within cSACsAround 75% of UK commercial ports operate within or have jurisdiction over European sites

But many proposed windfarms are also sited close to such sites

Often a need to consider in-combination effects

What is controlled?Licences are required under FEPA for the deposit of articles or substances in the sea or under the seabed (anywhere below MHWS) from:a vehicle, vessel, aircraft or marine structureand, the loading of a vessel, vehicle, aircraft or structure in the UK or UK-controlled waters with material for deposit.The controls apply both to the deposit of substances for the purpose of their disposal and the placement of materials during construction

What Do We License?

Disposal At Sea:Dredged Material 199 Sewage Sludge ) No LongerIndustrial waste ) Licensed

Miscellaneous:Minestone 1 Tracers 15Burial at sea 14 Total = 675 Marine Construction 446

Type of Works

Coast Protection/Sea Defences

Multi-purpose Works

Outfalls

Harbour Works

Beach Nourishment

Piers and Jetties

Land Reclamation

Miscellaneous Works

Bank Stabilisation

Windfarms / Offshore Energy

Slipways and Causeways

Tidal Barriers

Pipes and Cables

Scour Protection

FEPA II (1985) - ObjectivesSection 8(1)....to prevent interference with other legitimate uses of the sea

..to protect the marine environment, the living resources which it supports and human healthto minimise nuisance, noise or odours from disposal

Control of Marine ConstructionLike DEFRAs FEPA controls, DTLRs powers under the Coast Protection Act also extend to marine construction works - the objective in this case being primarily the safety of navigation

Safety of Navigation..

the construction.. of any works on, under or over any part of the seashore lying below the level of mean high water springs (MHWS) the deposit of any object or materials below the level of MHWS the removal of any object or materials from below MHWS (e.g. dredging).

Under Section 34 of the Coast Protection Act 1949 the consent of the Secretary of State for Transport, Local Government and the Regions is required for:

The New Units Website. WELCOME TO THE MCEU ......click topic to select

Scoping of Environmental StatementsGuidance for developers to assist in the scoping of EIAs for consents processed by the MCEU has been published by CEFAS..

EIAs are required in support of Windfarm Consents applications under the: Electricity Act Coast Protection Act (or the TWA) & for a Licence under the Food & Environment Protection Act

Environmental Topics. Nature Conservation - Including Cumulative Impact Sedimentary Processes Benthic Ecology Fisheries Resource Commercial Fishing Ornithology Sea Mammals Navigational Interests Recreational Use Marine Archaeology Decommissioning

With apologies to Albert.Einstein defined Energy as

E = Matter x C2

With apologies to Albert. Today Sustainable Development of Offshore Renewable Energy means -

E(R). because it Matters & the sea too

Thank you.

www.mceu.gov.uk