Draft Marine Policy Statement and Marine and Coastal Access Act detailed arrangements
The Government has published a consultation draft UK Marine Policy Statement (“MPS”) and two further consultations on detailed arrangements for marine planning and marine licensing under the Marine and Coastal Access Act 2009 (“MCAA”).
The MCAA was enacted on 12 November 2009 and introduces a new marine management system including (amongst other matters) a new marine planning system across the UK and a new marine licensing regime for activities in the sea off England, Northern Ireland, Scotland (other than Scottish territorial waters) and Wales. Licensable activities include making deposits, constructing works, removing objects and dredging. The new regime will replace existing consenting and licensing regimes under the Coast Protection Act 1949 and the Food and Environment Protection Act 1985.
The consultation draft MPS has been prepared jointly by the UK Government, Scottish Government, Welsh Assembly and Northern Ireland Executive to cover the entire UK marine area. The MPS sets the framework for preparing Marine Plans. Together, the MPS and the Marine Plans will form the foundations of the new plan-led system for the marine area. The MPS also sets out the high level approach to marine planning principles, in accordance with which decisions affecting the marine environment have to be taken.
The consultation on marine planning relates only to English inshore and offshore waters. Within these waters, the recently formed Marine Management Organisation (“MMO”) will discharge the marine planning (and licensing and enforcement) function. The consultation deals with the following themes (with particular focus on Marine Plans):
- The general purpose and benefits of the new marine planning system.
- The scope, context and implementation of marine planning, with reference to the various marine regions and marine plan authorities and the importance of a consistent and joined-up approach across the entire marine area. Detailed information on content and structure of Marine Plans is also set out.
- Roles and responsibilities within the marine planning system, with emphasis on how the MMO should engage with the public and stakeholders.
- The interaction between terrestrial and marine planning systems, recognising that there is a clear need in most projects for real integration between land and marine environments and that this will be facilitated by the marine regime now having similar features to the land regime.
- Decision-making in Marine Plan regions and the transitional arrangements necessary in decision-making until the marine planning system has been fully implemented across the whole of England’s marine area.
The consultation on marine licensing provides greater detail on:
- The (non-statutory) pre-application stage, which is intended for more complex projects (including consultation, Environmental Impact Assessment (“EIA”) and Appropriate Assessment).
- The application submission and consultation processes, much of which will be governed by policy rather than law.
- Proposed changes to EIA and Habitats secondary legislation to create a more consolidated and streamlined legislative framework for environmental assessment of marine works.
- Appeals by the applicant (there will be no third party right of appeal).
- Various proposed categories of exemptions from the requirement for a marine licence (which apply only to English inshore and offshore waters).
The consultations last for 12 weeks and end on 13 October 2010.
CMS Cameron McKenna regularly advises a range of clients across energy, ports and other sectors on marine planning and consenting matters.
