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Geoff Bowles Marine Consents & Environment Unit

Geoff Bowles Marine Consents & Environment Unit. ….the sea around our coast. Britain is a maritime nation…. 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….

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Geoff Bowles Marine Consents & Environment Unit

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  1. Geoff Bowles Marine Consents & Environment Unit

  2. ….the sea around our coast Britain is a maritime nation…. • 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….

  3. ….but it is also crucial to our economy

  4. Wind Power PROVIDE US WITH BUT IT CAN ALSO RENEWABLE ENERGY..

  5. 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”

  6. Sustainable development around our coasts and at sea …. ...must be accompanied by effective protection of the marine environment BUT IT CAN ALSO PROVIDE US WITH RENEWABLE ENERGY.. DEFRA is one of the main Regulators of marine works and has a major role to play in achieving this objective

  7. Regulation of Marine Activities • Absence of Strategic Planning • Many Regulators & Consents- vertical (sectoral) controls- horizontal (cross-sector) consents- fragmented environmental measures • Crown Estate is principal landowner • Rights of Access- to navigate (right of free passage)- to fish • Potential for mutual interference

  8. Petroleum Act 1998 - DTI (Offshore oil & Gas) The Primary Marine Consents • 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

  9. Where Do These Controls Apply?

  10. Marine Consents & Environment Unit In April 2001 theMarine Consents & Environment Unit was established to provide a single point of contact to process all marine works applications - Marine Environment Ports Divn Marine Consents & Environment Unit Coast Protection Act / Telecomms Act Consents FEPA Licences MCEU

  11. 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: CEFAS Laboratories Conservation Agencies Marine Consents & Environment Unit Other consultees Sea Fisheries Inspectorate

  12. Marine Consents & Environment Unit The Unit uses a common database: Which…. • holds all data & tracks the progress of each application • facilitates consultation with all external agencies & other regulators jointly for each consent • improves public access to data MCEU

  13. DEFRA’s Marine Controls • Food & Environment Protection Act - Part II (1985):DEFRA - Licensing Authority (England & Wales) • Waste Management Licensing Regulations 1994:implements Waste Framework Directive • Conservation (Natural Habitats &c) Regulations 1994:implements Habitats Directive • International obligations: FEPA implements national policy and compliance with: • London Convention (1972) • OSPAR Convention (1992) • Other EU Directives (UWWTD, EIA,Shellfish Waters)

  14. Coastal Areas and Development …But many proposed windfarms are also sited close to such sites – Often a need to consider ‘in-combination’ effects • Over 60 Marine Natura 2000 sites • UK 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 estuaries • Over 40 estuarine bird sites are within cSACs Around 75% of UK commercial ports operate within or have jurisdiction over European sites

  15. 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 structure • and, 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

  16. Disposal At Sea: Dredged Material199 Sewage Sludge ) No Longer Industrial waste ) Licensed Miscellaneous: Minestone1 Tracers15 Burial at sea14 Total = 675 What Do We License? • Marine Construction 446

  17. FEPA II (1985) - Objectives • Section 8(1).... to minimise nuisance, noise or odours from disposal …..to protect the marine environment, the living resources which it supports and human health to prevent interference with other legitimate uses of the sea

  18. Control of Marine Construction Like DEFRA’s FEPA controls, DTLR’s powers under the Coast Protection Act also extend to marine construction works - the objective in this case being primarily the safety of navigation

  19. Safety of Navigation….. 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 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).

  20. The New Unit’s Website…. WELCOME TO THE MCEU......click topic to select

  21. Scoping of Environmental Statements • 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 Guidance for developers to assist in the scoping of EIAs for consents processed by the MCEU has been published by CEFAS…..

  22. 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

  23. Einstein defined Energy as – E = Matter x C2 With apologies to Albert….

  24. Today Sustainable Development of Offshore Renewable Energy means - E(R)…. because it Matters & the sea too With apologies to Albert….

  25. Thank you…. www.mceu.gov.uk

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