Water & Marine: Conservation and Use of Marine Environment

These regulations deal with conservation of our marine ecosystems and aquatic life, and include a comprehensive licensing system for potentially damaging marine activities.

We want to hear your views on how we could reduce regulatory burdens, and improve implementation of these regulations; to ensure that we can deliver our policy aims and protect the Marine environment in the most effective way. For example, would it be possible to extend the number of activities in the marine environment that are exempt from the requirement for a marine licence, because they pose little or no risk to the environment or navigational safety?  This could be done by amending The Marine Licensing (Exempted Activities) Order.

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Deposits in the Sea (Exemptions) (Amendment) (England and Wales) Order 2010

Amends the exemption relating to the deposit of cable and associated equipment so as to remove the exemption from the requirement for a licence under section 5 of the Food and Environment Protection Act 1985.

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Domestic regulation

Deposits in the Sea (Exemptions) Order 1985

Order, which does not apply to Northern Ireland or to UK waters adjacent to Northern Ireland, exempts specified operations from the licensing requirements of Part II of the Food and Environment Protection Act 1985 (deposits in the sea).

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Domestic regulation

Deposits in the Sea (Public Registers of Information) Regulations 1996

Regulations prescribe the particulars of the matters to be contained in the registers of information in respect of the deposit of substances or articles in the sea or under the sea bed and the scuttling of vessels.

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Domestic regulation

Offshore Marine Conservation (Natural Habitats, &c) (Amendment) Regulations 2009

These Regulations amend the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 which make provision for implementing Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of n

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EU regulation

Offshore Marine Conservation (Natural Habitats, &c) (Amendment) Regulations 2010

Regulations amend the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 which make provision for implementing Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural

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EU regulation

Offshore Marine Conservation (Natural Habitats, &c) Regulations 2007

Regulations make provision for implementing Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora in relation to marine areas where the UK has jur

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EU regulation

Marine Strategy Regulations 2010

Regulations transpose Directive 2008/56/EC establishing a framework for Community action in the field of marine environmental policy and extend to the United Kingdom.

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EU regulation

The Marine Works (Environmental Impact Assessment) Regulations 2007

Regulations implement, in relation to certain marine works, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment

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EU regulation

The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2011

Regulations make amendments to the principal Regulations consequential on the enactment of the Marine and Coastal Access Act 2009 and the Marine Scotland Act 2010 which largely replace the marine licensing and consent controls previously exercised under P

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EU regulation

The Marine Management Organisation (Prescription of Powers to Fix Fees and Charges) Order 2010

Order prescribes certain powers of the Secretary of State to fix fees and charges for the purposes of section 17 of the Marine and Coastal Access Act 2009.

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Domestic regulation

The Marine Licensing (Licence Application Appeals) Regulations 2011

Regulations establish an appeals procedure in relation to decisions taken under section 71 of the Marine and Coastal Access Act 2009, they apply in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary o

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Domestic regulation

The Marine Licensing (Notices Appeals) Regulations 2011

Regulations provide for appeals to be made to the First-tier Tribunal against certain notices issued under Part 4 of the Marine and Coastal Access Act 2009.

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Domestic regulation

The Marine Licensing (Application Fees) Regulations 2011

Regulations apply in relation to any application for a marine licence in relation to which the Secretary of State is the appropriate licensing authority under the Marine and Coastal Access Act 2009.

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Domestic regulation

The Marine Licensing (Delegation of Functions) Order 2011

Order delegates the exercise of certain functions of the Secretary of State as a licensing authority and an enforcement authority under the Marine and Coastal Access Act 2009.

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Domestic regulation

The Marine Licensing (Exempted Activities) Order 2011

Order specifies activities which do not need a marine licence, or do not need a marine licence if conditions specified in the Order are satisfied, it applies in relation to any area, and any licensable marine activity taking place in that area, in relatio

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Domestic regulation

The Marine Licensing (Register of Licensing Information) Regulations 2011

Regulations prescribe the particulars of the matters required by section 101 of the Marine and Coastal Access Act 2009 to be contained in the register of information maintained by the Secretary of State as a licensing authority.

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Domestic regulation

The Petroleum Act 1998 (Specified Pipelines) Order 2011

Order specifies descriptions of pipelines which are to be disregarded for the purposes of Part 3 of the Petroleum Act 1998 (other than for the purposes of section 24(2A), under which this Order is made).

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Domestic regulation

Sea Sand (Devon and Cornwall) Act 1609

Confers rights on residents of Devon and Cornwall and boatmen/bargement to remove sand for purposes of manuring land

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Domestic regulation

The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011

This covers Part 4 on Marine Licenses (ch 1, 2, 3, 4, 5) of the Act

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Domestic regulation

The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011

This covers Part 5 on MCZ/MPA network (ch 1) of the Act

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Domestic regulation

Tell us what you think should happen to these regulations and why, being specific where possible:

69 responses to Water & Marine: Conservation and Use of Marine Environment

  • Sarah Goddard (WWF-UK) said on April 12, 2012 at 2:34 pm

    1. Offshore Marine Conservation (Natural Habitats, &c) (Amendment) Regulations 2010

    This regulation seeks to ensure that activities in marine areas where the UK has jurisdiction beyond its territorial seas (out to 200nm) are carried out in a manner consistent with the Habitats and Birds Directives. This transposition of the EU Directives affords much needed protection to the marine species and wild birds listed in the Directives and requires habitats to be identified and protected as ‘European offshore marine sites’.
    Therefore this regulation is an essential part of Implementing the Habitats and wild Birds Directives in the UK. Offshore marine conservation is required in order to achieve the targets set under these Directives and for the UK to comply with the Directives. It is essential that we keep this regulation in order to achieve marine conservation offshore but that is not say there isn’t room for improvement.
    In seeking improvements to the implementation of the Nature Directives, WWF believes Defra should be looking to support: (i) an accelerated programme of data collection and analysis, especially in the marine environment; (ii) the effective implementation of marine spatial planning; (iii) wide stakeholder collaboration in pursuit of long-term economic growth as part of a wider goal of achieving sustainable development; and (iv) clear guidance for decision-makers in the marine and terrestrial environments to underpin robust, lawful planning decisions. This will reflect the commitment in Natural Choice, the White paper on the natural environment, to pass on to future generations a natural environment that is in a better state than the one we inherited.

    2. Marine Strategy Regulations 2010

    This statutory instrument transposes the requirements of the MSFD into UK law. The MSFD requires the UK to take necessary measures to achieve or maintain Good Environmental Status in the marine environment by 2020.
    Without these regulations the UK will not be compliant with the Marine Strategy Framework Directive and would be held accountable. These regulations are required to help to ensure a much needed ecosystem-based approach to the management of our seas and achieve the aim of the MSFD to achieve Good Environmental Status (GES) by 2020, and therefore are essential to meeting the MSFD objectives.

    3. The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011 Part 4 (covers marine licenses)

    The licensing system has already been reformed and consolidated under the Marine Act and therefore if used correctly these changes will achieve the government’s aims of a streamlined process without reducing existing environmental protection.

    4. The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011 Part 5 (MCZ/MPA network)

    Having campaigned long and hard for a Marine Act to protect and manage our seas it is imperative that current regulation protecting the environment should be enhanced and extended rather than reduced. The creation of Marine Conservation Zones (MCZs) will be a crucial step towards effectively managing the marine environment.
    The designation of MCZs, as stipulated under the UK Marine and Coastal Access Act 2009, represent an important component making up a wider network of MPAs across the UK. Alongside existing national, European and international designations they will be key to delivering against UK obligations such as Convention on Biological Diversity to establish a well managed ecologically coherent network of MPAs and contribute to achieving GES under the European Marine Strategy Framework Directive.
    The role of IFCAs also needs to be maintained under the Marine and Coastal Access Act to ensure the enforcement and management of the MCZs.

    Comment Tags: marine conservation

  • Fiona Llewellyn said on April 12, 2012 at 9:28 am

    The biodiversity and productivity of the world’s oceans are diminishing at an alarming rate. Globally some 90% of the populations of large fish species, such as sharks, tuna and swordfish, have disappeared in the last few decades. 28 species of mammals and fish are considered to be threatened in UK seas alone. Many marine habitats have been fundamentally altered by destructive fishing practices and other human activities.

    A healthy, functioning marine environment is crucial to achieving sustainable development and supporting the millions of people worldwide who depend on the sea for their food and livelihoods. Despite this only 1.42% of the planet’s oceans are nominally protected as Marine Protected Areas and only a tiny fraction of these are fully protected Marine Reserves. With all this in mind, should the focus currently be on losing regulation, or on what we can do to more effectively restore, protect and manage the marine environment and the valuable resources it holds?

    With the fifth largest Exclusive Economic Zone in the world, the UK has a real opportunity to lead the way in marine stewardship. As such, the Government should commit to establishing representative, fully protected and well-managed networks of Marine Reserves throughout UK seas in order to deliver a healthy marine environment for present and future generations.

    Comment Tags: marine reserves

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