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[2008] 3 Env. Liability : The UK draft Marine Bill : Wotton 101101
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amended to ensure that inquiries into draft Harbour Orders sustainable and benign activities to take place, but it is
are only held when serious or substantial issues are raised anticipated that some ‘Highly Protected Marine Reserves’
or when the Secretary of State decides that one should be will be created. The MMO will consider these conservation
5
held. In light of the lengthy, and expensive, inquiries into objectives as part of the marine planning process and when
harbour development proposals in recent years, this can exercising its licensing and fisheries management functions.
only be an improvement. We can expect concerns to be Clause 113 of the draft Bill gives the MMO powers to make
raised however that there has not been enough consideration ‘conservation orders’ for the purpose of furthering the
given to public opinion in the decision-making process, conservation objectives of an MCZ in England. A
particularly in light of the commitment to public conservation order may contain provisions, inter alia,
participation in the Aarhus Convention. prohibiting or restricting entry into an MCZ, restricting
The application process will also be simplified for the speed or anchoring of a vessel, or the removal,
marine renewable electricity installations which currently destruction or disturbance of marine plants and animals,
require consent under s 36 of the Electricity Act 1989 and or other object.
a Food and Environment Protection Act (FEPA) licence. Before both the designation of an MCZ and the making
Some also require CPA consent. The proposals in the draft of the conservation order, consultation must be carried out.
Bill enable a single process for obtaining consent. It is notable that, whilst these MCZs seem a sustainable
What is not clear cut is the interface between marine way forward in protecting the marine environment, the
developments which would be considered a nationally Policy Paper for the Marine Bill anticipates that there will
significant infrastructure project (as defined in the Planning be a degree of flexibility in the case where development is
Bill), for example an offshore wind farm with a capacity of considered necessary in the public interest. There is
more than 100 megawatts or a large harbour. In this case, therefore no firm commitment to compliance with the
the Independent Planning Commission established under conservation objectives. Another concern is that, as
the Planning Bill would be responsible for issuing designation is not going to take place before 2012, there is
development consents and the MMO will advise as the a considerable period during which damage can continue
specialist marine licensing authority. It is arguable that many to be caused to vulnerable parts of the UK’s marine
of the benefits of having a marine planning system are lost, environment.
as such projects will fall within the scope of the normal Defra and WAG are developing further guidance on how
(but new and not yet tested) planning system, which has the nature conservation provisions in the draft Bill will be
been seen to hinder marine development to date. implemented, and this is expected to be published over
the coming months.
Part 4: Marine Conservation Zones
Marine Conservation Zones (MCZs) may be designated by Part 5: Other conservation sites
the Secretary of State (or the Welsh Ministers in Wales) by This part amends the Wildlife and Countryside Act 1981
means of local orders. These will be used to protect areas in order to clarify the circumstances in which Sites of Special
which are important to conserve the diversity of rare, Scientific Interest or national nature reserves may extend
threatened and representative habitats and species. The below the Mean Low Water Mark.
intention is that the MCZs will be large enough, and close
enough together, to support functioning communities of Part 6: Inshore fisheries and conservation
marine wildlife. Natural England, the Joint Nature authorities
Conservation Committee and the Countryside Council for Clauses 138 to 169 of the draft Bill deal with the
Wales have been asked to develop programmes to enable establishment of inshore fisheries, conservation districts and
designation of MCZs by the end of 2012. As yet, it is not conservation authorities. These provisions modernise the
known where these MCZs will be. existing inshore fisheries and environment management
The designation order will determine the level of arrangements in England and Wales and replace the existing
protection for each site by setting out conservation Sea Fisheries Committees with Inshore Fisheries and
objectives. Most conservation objectives will allow Conservation Authorities (IFCAs). The purpose of IFCAs
is to manage the exploitation of sea fisheries.
IFCAs districts will extend around the entire coastline
of England and Wales out to six nautical miles. IFCAs will
5 Currently under the Harbours Act 1964 an inquiry must be also have responsibility for sea fisheries management in
held if any person raises an objection, even where that person does
not want an inquiry. estuaries, currently the responsibility of the Environment

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