Through marine licensing, and the conditions we place on licences, we are seeking to promote economically and socially beneficial activity while minimising any adverse impact on the environment, human health and users of the sea.

Maintenance dredging activities in tidal waters: two year extension to transitional period for licensing

The Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012 came into force on 6 April 2012.  The Order extended the one year transition period for low risk maintenance dredging activities in the Marine and Coastal Access Act 2009 which expired on 5 April 2012 for a further two years in respect of English waters. Extraction of marine aggregates by dredging continues, as before, to be a licensable activity in all UK inshore and offshore waters. See the following document for more information on the transitional period:

• Maintenance dredging activities in tidal waters: two year extension to transitional period for licensing (PDF 50 KB).
• The Navigational Dredging Operational Guidance (PDF 150 KB) and accompanying Water Framework Directive water body information table (Excel 50 KB) has been produced to help potential applicants determine if they need to apply for a marine licence.

The Marine and Coastal Access Act 2009 provides a framework for a new marine licensing system.  This will enable regulators to make sustainable and effective decisions on activities which may be carried out in the marine environment, for example, aggregate dredging, offshore wind farms and construction works.

The Act modernises marine licensing. Provisions in the Act plus secondary legislation will enable the UK to deliver a more streamlined, transparent, and effective marine licensing system.

A joint Defra and Welsh Assembly Government booklet Managing our marine resources – licensing under the Marine and Coastal Access Bill (PDF 1.9MB) explains the changes made to the marine licensing and enforcement systems through the Act.

The new licensing system took effect in April 2011.

Background

The Marine and Coastal Access Act 2009 consolidates and modernises two existing Acts: The Food and Environment Protection Act 1985 (FEPA) and the Coast Protection Act 1949 (CPA) – removing the complexity and overlap which has grown up over the years.

The marine licence has a broad scope covering removals from the seabed, construction and dredging as well as deposits. This broad scope means that the new marine licensing system is simpler than the old one.  For example, it removes the need for separate approvals under FEPA and CPA. It also allows us to simplify the marine Environmental Impact Assessment regulations. The new licensing system also removes the need for a separate consent under the Telecommunications Code.

The Marine Management Organisation carries out licensing and enforcement functions on behalf of the Secretary of State in respect of all waters adjacent to England and all UK offshore waters, except those adjacent to Scotland.

Key features of the new marine licensing system

• Marine licences can cover the entire life of the development, enabling redundant structures to be removed safely
• For the first time, there is to be a transparent appeal mechanism against licensing decisions to an independent body
• There is a range of proportionate enforcement tools available in order to protect the environment and ensure a level playing field for developers.

Benefits of the new system

• The new system reduces the number of different processes and bodies an applicant has to deal with
• Developers will have greater certainty because MMO will take licensing decisions in accordance with a marine planning framework
• Simplifying the system is also helping us to streamline it, avoiding unnecessary delays.

Secondary legislation under the Marine and Coastal Access Act

Secondary legislation is implementing the detail of the new licensing system. Each Administration around the UK is responsible for making secondary legislation for the marine licensing system they operate. In England, the secondary legislation includes Orders which are:

• making available fixed and variable monetary penalties to enforce the marine licensing system where prosecution is not appropriate
• enabling licence holders to appeal to an independent tribunal if their licence is suspended, varied or revoked by the MMO or if they are issued with any other statutory notice
• allowing applicants to appeal against a licensing decision made by the licensing authority to an independent body
• exempting low risk or already regulated activities from marine licensing
• delegating most licensing and enforcement functions from the Secretary of State to the Marine Management Organisation
• setting out what details on licensing and enforcement need to be recorded in a public register
• setting out the fees and charges for marine licensing
• making the MMO rather than DECC responsible for non-oil and gas pipelines.

In 2011, we introduced the Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011 to reflect changes made to marine consenting under the Marine and Coastal Access Act 2009.

Key documents

• Guidance on Marine Licensing under Part 4 of the Marine and Coastal Access Act 2009 (PDF 540KB)
• Guidance on enforcement of Marine Licensing under Part 4 of the Marine and Coastal Access Act 2009 (PDF 240KB)

Contact

For further information contact: MarineProgrammeSupportOffice@defra.gsi.gov.uk