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[2008] 3 Env. Liability : The UK draft Marine Bill : Wotton 9999
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The UK draft Marine Bill

Sarah Wotton
Associate, Bircham Dyson Bell

Background Part 1: the Marine Management Organisation

On 3 April 2008, Defra published the draft Marine Bill for Part 1 provides for the creation of an MMO to deliver
consultation. The deadline for comments was 26 June 2008. marine functions in the waters around England and in the
1
Prior to the publication of the draft Marine Bill, there UK offshore area for matters that are not devolved. The
were several documents setting out the government’s MMO will be a Non-Departmental Public Body. This means
strategy for regulating and protecting the marine it will be independent of the government departments. It
environment and paving the way for the Bill. will be the government’s strategic delivery body and the
In May 2002, Defra published ‘Safeguarding Our Seas: marine planning body for the waters off England and in
A Strategy for the Conservation and Sustainable most of the offshore areas. It will also have a regulatory
Development of our Marine Environment’. This report set role in respect of most activities in the marine environment.
out the government’s vision for the future marine environment. It is intended that the MMO will work closely with bodies
This was followed by ‘Seas of Change: the Government’s such as Natural England and the Environment Agency
consultation paper to help deliver our vision for the marine (among others) and with a full range of marine users and
environment’ which was published on 14 November 2002. In interests.
March 2006, the government consulted on initial proposals The MMO will consist of a Chair and 8 Board Members.
and the strategic direction for a Marine Bill, including marine Those Board Members will have experience and expertise
planning and the reform of marine licensing. The majority in the three ‘pillars’ of sustainable development: economic,
of responses were supportive. These consultations and environmental and social. The MMO’s decision making and
reports have all helped develop the current draft Bill. planning roles will be guided by the proposed Marine Policy
The Marine Bill White Paper (‘A Sea Change’) was Statement (Part 2 of the Bill, dealt with below).
published on 15 March 2007. The White Paper identified Once the Marine Bill receives Royal Assent, it is
five discrete areas of policy: Marine Planning, Marine intended that the MMO will initially be established in a
Licensing, Marine Nature Conservation, Marine Fisheries skeleton form and there will be a gradual transition from
Management and proposals for a Marine Management the functions of the Marine & Fisheries Agency (MFA),
Organisation (MMO). The draft Bill largely reflects the which currently has responsibility for marine fisheries
proposals of the White Paper. management. Once those functions have been vested in
When considering the draft Bill it is also helpful to refer the new MMO, the MFA will cease to exist.
to the government’s consultation on proposals to improve
Part 2: Marine planning
access to the English coast (published June 2007), which
considers the introduction of new primary legislation, and Clause 39 of the draft Bill establishes the ‘UK Marine Area’
the Planning Bill, which is currently in the House of Lords. for the purposes of the Bill. This will be:

• sea within the seaward limits of the territorial sea
Provisions of the draft Bill • sea within the limits of the UK sector of the continental

The draft Bill is intended to help fulfil the government’s shelf
2005 election manifesto commitment to introduce a new • sea within the limits of a renewable energy zone.
framework for the seas based on marine spatial planning,
balancing conservation, energy and resource needs. It is a
substantial document, consisting of 301 Sections and 12
Schedules. The following is therefore intended only to give 1 Note that under the devolution settlement territorial waters
an overview of the main provisions and does not go into around Scotland up to the 12 mile limit are the responsibility of
Scottish ministers, and there will need to be parallel legislation in
detail on matters such as procedure or enforcement. Scotland to reflect this. As yet there is no draft Scottish Bill.

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