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THE UK DRAFT MARINE BILL – WILSON, TRIGGS :: :: : (2008) 20 ELM 145
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the considerations that would need to be borne in mind Devolution and the ‘appropriate licensing
were the application one for a marine licence(eg the need authority’
to protect the environment) is as yet unclear.
This consolidation procedure, which only applies to Authority to grant marine licences will lie with the
offshore waters adjacent to England and Wales, will no ‘appropriate licensing authority’ which will be the Welsh
doubt be welcomed by an industry familiar with the section Ministers, the Scottish Ministers, the Department of the
36 consent process. However, it will still have to familiarise Environment in Northern Ireland or the Secretary of State,
itself with the marine licence application procedure since, the latter being the authority not only for the English
notwithstanding the fact that they may subsequently be inshore area but also, other than for the Scottish offshore
considered together and the Electricity Act provisions area, in respect of the UK offshore area as well. The
given precedence, two separate applications will still be Secretary of State’s powers will for the most part be
required at the outset. delegated to the MMO but in Wales, the powers will remain
Importantly, and as widely anticipated, BERR has also with the Welsh Ministers.
successfully resisted Defra’s efforts to bring petroleum Inevitably, this situation has generated significant
licensing within the marine licensing regime, which will not concern that different criteria will develop for decision-
apply to activities already regulated by the Petroleum Act making and that different discretions will be exercised
1998. Anything done for the purposes of construction, depending on where a development is to be located. Whilst
protection, maintenance or removal of a controlled such concern is no doubt legitimate, it seems it is
pipeline will continue to be licensed under the Petroleum something the industry will just have to get used to.
Act.
Ultimately, it is likely that significant offshore projects
Conclusion
will not be covered by the procedure in the draft Marine
Bill at all and will instead be the preserve of the There is much to be commended in the draft Bill insofar
Infrastructure Planning Commission. As offshore wind as the facilitation of offshore renewables development is
energy becomes ever more central to the achievement of concerned but there remains significant uncertainty in
government’s energy policy objectives, it will be the IPC much of the Bill’s drafting which will need to be ironed
that sanctions these projects rather than BERR under the out. The retention of the bulk of the section 36 consenting
standard s 36 Electricity Act procedure. process will be welcomed by industry as will the removal
of the need for FEPA and Coast Protection Act consents.
MMO The issue of devolution would appear a particularly
intractable one, however; much of the benefit that the Bill
Whether a new organisation is needed to deliver the is likely to bring in terms of rationalising the consents
objectives set out in the Bill has divided consultees, with process and rendering it more certain will be nullified if
industry decidedly less enthusiastic than those with an radically different approvals regimes across the various
environmental agenda. The industry remains to be jurisdictions develop in practice.
persuaded that a new body will not simply add an
additional layer of bureaucracy and unnecessary delay to
the consents process and is sceptical as to whether the
MMO will be adequately funded.

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