Page 36 - Lawtext Environmental Liabilty Journal Example

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[2008] 3 Env. Liability : The UK draft Marine Bill : Wotton 103103
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The draft Bill seeks to address a number of areas which for marine planning and marine licences. It may be that
need reform and the changes proposed are wide-ranging. this is intended to be addressed in the MPS? If not, this
The government has the difficult task of trying to balance appears to be a major oversight.
the need to protect the delicate marine ecosystems from Of course, the draft Marine Bill has been issued for
over-exploitation, whilst promoting uses, such as renewable consultation only at this stage. We can expect there to be
energy and harbours. The introduction of a marine planning changes made to the draft Bill before it is introduced into
system is long overdue and has generally been welcomed. Parliament, not least a change of title to the ‘Marine and
However, the provisions in the draft Bill are in themselves Coastal Access Bill’. In respect of the Marine Planning
complex and how the marine planning system operates in systems and MPSs, it is likely that this will be amended to
practice may limit its effectiveness as a body for regulating reflect those changes made to the Planning Bill to ensure
and protecting the marine environment. that the draft Bill avoids hurdles encountered by the
Having the MMO as the marine planning body should Planning Bill, and the resulting delay, and to ensure a
ensure a consistent approach to decision making but it consistent approach.
remains to be seen whether the MMO in the form proposed
will have sufficient expertise (and resources) to deal with Progress of the Bill
the wide range of issues within its remit. The Board
Members of the MMO are expected to have expertise in The consultation period ended on 26 June 2008. As with
the three pillars of sustainability, not in respect of the marine all emerging legislation, it is not possible to state with any
environment and its regulation. A decision-making body certainty how and when the legislation will come into force.
not equipped to exercise its powers is arguably worse than The anticipated timetable is, subject to any delay in passing
the system we currently have. One further point on the through Parliament, as has happened with the Planning Bill:
membership of the new decision-making bodies is that, in
many cases, the same people will be fitted into the new • Parliamentary scrutiny, Joint Committee and evidence
roles created which may mean whilst the procedures may – Summer 2008 7
change, the same attitudes will apply. • Bill mentioned in the Queen’s Speech – November 2008
The draft Bill also allows the MMO to delegate its • Second Reading, Committee Stages, Report and Third
functions to the Environment Agency, an IFCA or a harbour Reading in both the House of Commons and the House
authority (subject to the approval of the Secretary of State). of Lords – Spring/Summer 2009
It is a concern that important decisions may be delegated • Royal Assent – Summer 2009.
to bodies not equipped to make such decisions and which
are seeking to achieve different objectives to the MMO. Following this timetable, implementation of the provisions
Further, the draft Bill fails to specify that the MMO of the draft Bill is likely to commence in Autumn 2009.
should have a purpose beyond ‘making a contribution to
the achievement of sustainable development’. The lack of a
more specific purpose does not inspire confidence in the
MMO to adequately regulate and protect the marine
environment. However, the draft Bill provides for the
Secretary of State to issue guidance on how the MMO’s
purpose should be achieved and this may (hopefully) give
more assurance in this regard.
There is also the risk that, in seeking to streamline
consenting process, the proposals in the draft Bill are
removing the public’s opportunity to give its views on
important decisions relating to our marine environment.
This is contrary to European law and government
commitment to consultation and public participation.
Finally, the draft Bill does not address the wider issue
of climate change and its impact upon the marine
environment. One would have expected addressing the
threat of climate change to be an objective of the MMO in 7 The Joint Committee on the draft Marine Bill published its
exercising its functions and in the decision-making process report on 30 July 2008.

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