Entec
Bulletin
Sea Change
A Look at the Proposed Marine Bill
Our seas and coastline are perhaps some of our greatest assets. The coastline of Great Britain and the surrounding islands is over 31,000km and our seas cover an area three times that of the land. However, the increasing demand for resources is putting pressure on our marine and coastal environments.
With the promise of substantial reform, the Department for Environment, Food and Rural Affairs (Defra) is leading the process of drafting a new Marine Bill that will improve marine consenting procedures, enhance legal protection of marine biodiversity and streamline current marine management procedures. The proposal will also include the possible creation of a new marine management organisation (MMO) to support the Marine Bill functions.
The bill is expected to affect marine and coastal waters including all tidal waters, whether they are tidally influenced rivers and estuaries, open coastline or offshore. It is likely to cover sewage and chemical discharges and outfalls, offshore oil and gas developments, and offshore marine aggregate extraction. In addition, waterfront regeneration, marine renewables (wind, wave and tidal), ports and harbour developments, and shoreline protection works will be included in its scope.
Proposed developments below mean high water, as least as far as 6 nautical miles (nm), perhaps 12nm and possibly out to the territorial seas (200nm) may also be controlled and regulated through the new legislation. The administration arrangements of the new bill have yet to be finalised, however it is likely that a marine management organisation will play a key role.
There are several key areas that Defra aims to cover in the proposed Marine Bill:
Marine Spatial Planning (MSP)
A new system for MSP is likely to be integral within the Marine Bill legislation. Defra aims to reduce red tape for developers and set out priorities, guidance and environmental standards for the development, use and protection of marine resources. A pilot project in the Irish Sea will examine options for developing, implementing and managing MSP alongside a working group investigating MSP and interacting with stakeholders. Interim findings suggest that the concept should be similar to the Local Development Scheme system introduced for terrestrial planning.
Marine Management Organisation (MMO)
A single marine management agency could as a minimum take on Defra's current environmental enforcement and operational management of fisheries, as well as handling the marine consents.
Defra has produced several models of how the MMO may work, including providing succinct and broad ranging advice on marine issues to administering all consents across the varied marine sectors. Defra will also examine the possibility of the MMO taking on a wider role in data management, marine protection and responsibility for the proposed marine spatial planning system.
Marine Consents
The current system includes a broadly sectoral consenting system regulated from a number of government departments. This can cause undue delays and difficulties for developers who may require a number of differing consents. The aim of both the Marine Bill and MSP is to streamline the system and reduce red tape, making the consenting process more straightforward for developers. However, developers will still have to comply with EU requirements including directives on habitats, EIA and SEA.
Marine Nature Conservation
Defra
has indicated that it may broaden the scope of nature conservation legislation
and introduce management mechanisms
to meet conservation
aims, such as marine
protected areas. This proposal has proved popular with many
lobby groups such as WWF and RSPB who are keen to see the
designation of such areas,
which may
link with the proposed offshore Natura 2000 special protection
areas and special conservation areas. However, some stakeholders
fear that
a consenting
process
led by a single marine agency may err too much on the side
of
environmental protection and not enough towards economic
development.
Coastal and estuary management
In response to a European Union recommendation, Defra is developing a strategy for integrated coastal zone management. Current arrangements for coordinating activities in estuaries and coastal areas are complex and inconsistent, often split between different bodies. The objective is to establish sustainable and coordinated levels of economic and social activity, whilst at the same time ensuring protection of coastal environment.
Fisheries Management and Marine Enforcement
The UK fishing industry is a valuable commodity and there is a growing need to ensure that the industry is effectively managed to ensure protection of stocks and a broader environmental sustainability.
Overall, the Marine Bill has the potential to update existing piecemeal environmental legislation and introduce a streamlined system for planning and managing activities and consenting of developments in coastal and marine waters. The bill could improve the government's capacity for planning and handling the growth in offshore developments across a range of sectors.
Defra has committed to publish a draft Marine Bill by November 2006 and introduce it to parliament in 2007. Many stakeholders hope it will fundamentally alter the way activities in the marine environment are managed, regulated and consented. Others hope that it will extend the scope for protecting and restoring marine species and habitats. Developers are wary of increasing uncertainty as to what the bill may contain and how it would affect their business - Defra is actively seeking to engage industry and other stakeholders and collate views with many sectors actively lobbying government regarding their requirements for new regulatory regimes, in particular BWEA.
Defra is currently consulting formally on a number of areas to be covered by the bill, including how marine nature conservation proposals can be taken forward, marine planning, the case for a marine management organisation and possible reform of marine licensing regimes. It is also running a series of Marine Bill Forums, in which Entec has already been active with contributions to the debate on new policies and management strategies. Needless to say, any change to the current marine regulatory and management systems will have broad ranging implications for marine stakeholders, developers and businesses.
Whatever the outcome, it is important that the views of stakeholders are built into the new legislation to achieve the aim of delivering sustainable development in our marine and coastal environments, whilst ensuring the protection of these important assets for the benefit of future generations.
For
further details on the progress of the Marine Bill, visit www.defra.gov.uk
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