Page 44 - Lawtext Environmental Law & Management Journal Sample

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UK CURRENT SURVEY AND LEGAL UPDATE – GREENWOOD, L’OKEN :: :: : (2008) 20 ELM 155
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mechanism, has provided a helpful ‘decision-tree’, which MMO. In terms of the current licensing system for marine
outlines the fundamental processes that they anticipate activities, the proposals are to simplify the system and in
will be used in reviewing and examining a given situation. line with this, a number of special rules are proposed for
The ‘tree’ is designed to provide a necessary structure dealing with licensing in connection with coastal
and consistency of approach, thereby enabling the engineering works, harbour works, dredging and renewable
strategy to respond to all wildlife eventualities, including energy projects. The new ‘Infrastructure Planning
short and long term issues. The government, in outlining Commission’ (the legislative basis of which is set out in
their proposals for a strategy, anticipate that existing the Planning Bill, currently making its way through
strategies and policies that impact on wildlife management Parliament) is to be responsible for issuing development
will also make use of the strategy, if implemented. consent for schemes including large-scale renewable
energy projects and development schemes such as
Defra ‘Consultation – Ensuring the Sustainable management harbours in territorial waters, with the creation of a new
and Conservation of Wildlife – Towards a Wildlife Management renewable energy zone. In terms of enforcement, a new
Strategy for England’. set of powers is to be introduced for the purpose of
inspection and investigation which will be available to
enforcing authorities, in addition to civil sanctions and
Marine legislation and policy – a progress licensing and nature conservation offences.
report New ‘Marine Conservation Zones’ will be designated
in order to protect individual habitats and species, creating
A new marine planning system, together with coastal access a network of sites representing marine ecosystems around
is set to enter the statute books once the draft Marine Bill the UK, the designation of which will take into account all
has been scrutinised by committee and suitable time found environmental, social and economic criteria. The
in the parliamentary timetable. In the meantime, Europe has government recently published three draft guidance notes
adopted a new Marine Strategy Directive explaining the relevant powers and duties to designate
zones pursuant to the provisions comprised in the draft
Marine Bill bill. The draft advice covers the selection and designation
of zones, the duties to be placed on public authorities
The draft Marine Bill was published for public consultation
and conservation orders.
in April 2008. The Bill will, if it receives Royal Assent,
The government’s draft legislative programme
introduce a UK marine planning system and deliver coastal
indicates that a Marine Bill will be introduced in Parliament
access, the implementation of which is to be taken forward
during the course of the 2008/2009 session.
by Natural England. Essentially, the draft bill provides for:
Marine Strategy Framework Directive
• the creation of a Marine Management Organisation
(MMO); In Europe, the Marine Strategy Framework Directive came
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• a planning and licensing system for activities in the into force in June this year. The Directive establishes a
marine area; framework for a community action in the field of marine
• modernising and streamlining of the enforcement environmental policy, bringing into effect the objectives
powers; and finally, and principles of the EU Thematic Strategy on the Marine
• access to coastal land. Environment, which was previously adopted in 2005. It is
a key element in the EU’s integrated maritime policy.
The government envisages that the MMO will be an Member States have until 15 July 2010 to transpose the
independent non-departmental public body with provisions of the Directive into national laws.
responsibility for delivering sustainable development. It A key requirement of the new Marine Strategy
will deal with planning issues on behalf of the government Directive is that Member States put in place measures
in English waters and most off-shore areas, in addition to that will achieve ‘good environmental status’ for all
regulating activities in accordance with new ‘marine policy European seas by 2020, including protection measures
statements’. These are to be underpinned by new marine for a network of marine protected areas, which may
‘plans’, which will apply policy in more detail to identified comprise Special Conservation Areas and Special
locations in UK waters. Defra is currently consulting on Protection Areas. In order to comply with the Directive in
high level objectives that will form the basis of the new this regard, Member States will be under an obligation to
policy statements. The principle objectives outlined in the prepare and develop, in conjunction with others, ‘marine
consultation paper comprise: (i) achieving a sustainable strategies’ covering a range of matters including detailed
marine economy (ii) a strong, healthy and just society assessments of the marine environment, clear
(iii) living within environmental limits (iv) promoting good environmental targets, monitoring programmes and a
governance and (v) using sound science responsibly. regional definition of ‘good environmental status’ for
The UK Government will retain overall responsibility
for marine planning in UK waters and offshore areas
beyond 12 nautical miles. All planning activity in these
areas would, however, be regulated by the newly created 18 Directive 2008/56/EC.

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