Publication Abstract

The Regulation of Marine and Coastal Construction Operations under FEPA PartII (1985)

N.S. Gilbert

The control of waste disposal and new deposits in UK waters is regulated by the Food and Environmental Protection Act (1985), (FEPA). Included under the Act is the control of materials deposited for construction or beach nourishment purposes.

Licences are required for all materials deposited for construction purposes below the mean high water spring tide mark and the Ministry of Agriculture Fisheries and Food (MAFF) is the licensing authority in England and Wales. Under section 8(1) of FEPA the licensing authority is required to have regard: i) to protect the marine environment, the living resources which it supports and human health and ii) to prevent interference with legitimate uses of the sea.

Licence applications are processed by the Marine Environmental Protection Division, Branch `B' (MEP), situated in Nobel House in London. On receipt of an application MEP initiate a consultation process, seeking scientific advice from MAFF scientists at the Directorate of Fisheries Research, Burnham-on-Crouch Laboratory and further advice on fishing activity from the Local Sea Fisheries Inspectorate.

The scientific assessment process considers the potential impact of the construction process and the finished work on a wide variety of issues in the surrounding marine environment. These issues include the sensitivity of the area in terms of fin-fish and shellfish resources, fishing activity, nature conservation interests, amenity interests and water quality. In many instances the views of other interested national and local bodies are sought before a licence is issued.

Once issued, Licences carry a range of special conditions which seek to regulate the construction activity and materials to be used, in order to minimise or remove the impacts that were identified during the assessment process.

This paper discusses the scientific assessment process for marine construction licence applications within the framework of the existing legislation.

Reference:
N.S. Gilbert. 2004.The Regulation of Marine and Coastal Construction Operations under FEPA PartII (1985). Littoral '96 Conference Proceedings