Archived decisions

Contacts: Stuart Jarvis, ext 6124 email: [email protected]

Rachael Bayliss, ext 6925 email: [email protected]

1. Summary

1.1 On 29 March 2006 the Department for the Environment, Food and Rural Affairs (Defra) published a consultation document on proposals for a Marine Bill. The Executive Member for Policy and Resources decided the response to Defra on 16 June 2006.

1.2 The consultation document was followed by the publication of `A Sea Change - A Marine Bill White Paper' on 15 March 2007 which puts forward proposals for legislative measures that will help deliver the Government's vision of `clean, healthy, safe, productive and biologically diverse oceans and seas'. Responses are requested by 8 June 2007.

1.3 The Bill is likely to be the most significant piece of legislation to affect marine (and coastal) waters for decades. The White Paper sets out an integrated suite of proposals for a new approach to the management of activities in the marine area. To summarise, the White Paper is proposing to introduce:

(i) a new UK-wide system of marine planning;

(ii) a streamlined, transparent and consistent system for licensing marine developments;

(iii) a flexible mechanism to protect natural resources, including marine protected zones with clear objectives;

(iv) improvements to the management of marine fisheries and the ability to share the costs of management with commercial and recreational sectors; and

(v) a new Marine Management Organisation (MMO).

1.4 This report is in two parts: the first summarises the most important aspects of the consultation document, and the second sets out the suggested response from the County Council. It is recommended that the County Council broadly welcomes and generally supports the proposals, although it is disappointing to note that the potentially significant role that local authorities could play has been largely omitted. Comments on the `fisheries' section are not included as this is outside of the County Council's remit and others are in a better position to respond. A separate but related report is being submitted to the River Hamble Harbour Board dealing with the implications for the County Council as Harbour Authority, in particular looking at the section that is relevant to marine licensing; therefore this has not been covered in depth in this report.

1.5 It is recommended that the County Council broadly supports the proposals in the White Paper because the Marine Bill aims to introduce a system of marine planning for safety and security and protected marine areas for environmental enhancement.

2. Recommendation

That the following points form the basis of the County Council response to the Consultation on the Marine Bill White Paper:¹

(i) support for the introduction of a statutory system of marine planning, including plans in coastal areas where appropriate (eg the Solent);

(ii) that full recognition must be given to the important role that local authorities should play in marine planning at regional and sub-regional level, due to their involvement in land-based spatial planning, their representation of coastal communities and their democratic accountability;

(iii) support in principle for an integrated marine licensing regime that brings together all types of consents and licences for which Government departments are responsible into a single system;

(iv) support for proposals for Marine Conservation Zones and marine objectives; and

(v) support for a new marine management organisation with delivery of marine planning and licensing as its core functions. However the County Council feels that the delivery of some of the roles should be locally based in line with the Government's commitment to local delivery and accountability, and that local authorities are well placed to support these objectives.

3. Part 1: Marine Bill White Paper's Proposals

3.1 This part of the report presents the key points from the Marine Bill White Paper.

Background

3.2 The main aim of the Marine Bill is to establish a strategic system of Marine Planning that will balance conservation, energy and resource needs.

3.3 The proposals will apply to all UK waters out to 200 miles. The landward boundary will be high water mark. The White Paper recognises the need for effective integration between land and sea planning and management, and the need to improve ICZM (integrated coastal zone management); Defra is preparing a national ICZM strategy.

3.4 The proposals will complement European initiatives (eg the Marine Strategy Directive, and the Maritime Green Paper) and will help the UK to meet international and European obligations.

3.5 The White Paper has five main themes:

(i) Planning in the marine area;

(ii) Licensing activities in the marine area;

(iii) Improving nature conservation;

(iv) Improving fisheries management; and

(v) Marine management organisation.

These are now considered in turn (with the exception of fisheries management, which is of least interest to the County Council).

Planning in the Marine Area

3.6 Responses to the 2006 consultation showed widespread support for the introduction of a strategic and integrated marine planning system. The White Paper proposes a system with the following key features:

(i) founded on the ecosystem approach (holistic and integrated);

(ii) hierarchical: a UK marine policy statement, and a series of marine plans covering the whole of UK waters;

(iii) provision for more detailed plans in complex and busy coastal areas (such as the Solent);

(iv) the Government would (in England) delegate responsibility for the marine planning system to a `planning body' - the new MMO (see below);

(v) provision for close integration between marine plans and other types of plan, particularly in coastal areas, and especially with the land-based spatial planning system (regional spatial strategies and local development frameworks);

(vi) wide public engagement in the planning process;

(vii) some form of sustainability appraisal; and

(viii) in coastal areas where more detailed plans are being prepared the MMO could set up marine planning steering groups comprising representatives of statutory authorities and agencies; local authorities are envisaged as playing a key role.

Licensing Activities in the Marine Area

3.7 The current system for granting consents and licences for new developments and activities in coastal areas is very complex and in urgent need of streamlining and simplification. The White Paper proposes rationalisation of the system to make it more efficient and transparent. The key features are:

(i) combining administration of the regulatory functions for which four Government departments are currently responsible into a single organisation - the MMO - to provide integration and consistency;

(ii) aiming for a `one project: one licence' solution to marine regulation; and

(iii) ensuring that consents and licensing decisions are made in accordance with the new marine plans.

Improving Nature Conservation

3.8 In order to reverse the decline in many aspects of marine biodiversity and overcome the failings of the current system for marine nature conservation, the White Paper proposes:

(i) establishing clear objectives for marine ecosystems as an integral component of marine plans;

(ii) establishing a network of designated `marine protected areas' (MPAs) that effectively conserves marine biodiversity; the network would include existing Special Protection Areas (SPA) and Special Areas of Conservation (SAC) in coastal areas, and new `marine conservation zones' (MCZ) ranging from areas of minimal restriction to highly protected marine reserves;

(iii) designation of MCZ to avoid causing inappropriate economic or social impacts;

(iv) all relevant authorities will have a duty to carry out their functions so as to help deliver MCZ objectives;

(v) where MCZ overlap with existing designated areas (eg Sites of Special Scientific Interest (SSSI), SPA), relevant bodies must work together to ensure integrated management;

(vi) better protection for important species will be provided through site-based protection (ie MCZ), sectoral tools (eg improved fisheries controls), and possibly new by-laws to control unregulated activities (the MMO will be given by-law making powers); and

(vii) better enforcement of marine conservation legislation through giving the MMO overall responsibility.

Marine Management Organisation

3.9 There was widespread cross-sectoral support for the proposal in the 2006 consultation to set up a MMO to provide a more integrated approach to marine management within a single organisation. The White Paper proposes a MMO with the following key features:

(i) an executive non-departmental public body, accountable to Defra;

(ii) main functions: delivery of the system of marine plans, and providing an integrated approach to licensing fisheries management, nature conservation, enforcement, etc;

(iii) a key role in coordinating and managing data and information;

(iv) the MMO would incorporate the Marine Fisheries Agency but no other existing bodies; the current functions of Natural England, the Environment Agency and English Heritage would remain unchanged;

(v) most MMO functions would be delivered through its head office but some functions might be best operated through local offices, perhaps based in ports.

4. Part 2: The County Council's Response

4.1 The main points of the County Council's proposed response are set out below.

4.2 The County Council shares the widely-held view that the current ad hoc, sectoral system of decision-making in the marine environment has major shortcomings and is not fit for purpose. The comprehensive proposals set out in the White Paper offer the prospect of radical improvements that are worthy of support, and the Marine Bill should be considered by Parliament and enacted at the earliest opportunity to bring about the major changes so urgently needed.

4.3 The County Council supports the introduction of a strategic, integrated system of marine planning for the whole of UK waters, and agrees that a more detailed form of planning may be required in heavily used and environmentally important coastal waters such as the Solent. The most appropriate landward boundary for marine planning would be high water mark. However, this means that important issues concerning the integration between marine and land spatial planning must be addressed by the Bill.

4.4 The Bill should also make provision for local authorities to have the opportunity to play a key role in planning in coastal waters, for the following reasons:

(i) their statutory land-based spatial planning functions;

(ii) their representation of the interests of coastal communities; and

(iii) the provision of local democratic accountability in the policy and decision making processes.

4.5 The County Council supports proposals for a more integrated consents regime, and the concept of `one project: one licence', which reflects the findings of Hampshire's Rural Pathfinder project `Streamlining of Coastal Consents Procedures' that were submitted with the County Council's response to the 2000 Marine Bill consultation.

4.6 The County Council supports the proposal to set up an MMO to bring together many of the Government's marine delivery functions within a single organisation. The core functions must be the delivery of the marine planning system and of the integrated licensing regime. However, issues concerning the interface between the MMO and local bodies (particularly local authorities) needs to be addressed more fully, taking into account the Government's commitment to local delivery and accountability.

4.7 The County Council supports the proposals for marine ecosystem objectives and for MCZs covering a range of types from highly protected reserves to areas of minimal restriction. However, MCZ should be designated sparingly in inshore waters where several nature conservation designations already exist.

5. Impact Assessments

5.1 Assessment of the Race Relations (Amendment) Act has been considered in the development of this scheme which is not expected to compromise equalities in terms of race and gender.

6. Conclusion

6.1 The County Council should broadly support the proposals in the Marine Bill White Paper, in particular the proposed comprehensive marine planning system. There are a number of specific comments (set out in Part 2 of this report) that the County Council should make in its response to Defra, including emphasis on the important role that the County Council and other local authorities should play in marine planning at sub-regional level, ie the Solent. The proposed integrated marine licensing regime has implications for the County Council in its role as Harbour Authority for the River Hamble - these are dealt with in a separate report to the Harbour Board.

1349Rpt/SJ/RB