Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. The purpose of this report is to provide a summary of issues relevant to the environment management of the Harbour since June 2009

2. Key Issues

2.1. Marine & Coastal Access Bill

The Marine and Coastal Access Bill completed its passage through Parliament on 11 November 2009 and received Royal Assent on 12 November 2009. The Act will create:

· a new Marine Management Organisation under which many of the existing, diverse areas of marine regulation will be centralised.

· streamline the existing marine licensing system and providing powers to create a joined-up marine planning policy.

· provide a framework for establishing marine conservation zones.

· Create a walkable route around the English coast.

2.2. Balanced Seas

Balanced Seas is one of four regional projects that will help to develop recommendations for the location and conservation objectives of Marine Conservation Zones (MCZs) in English inshore and offshore waters. The Marine and Coastal Access Bill, currently going through Parliament, will allow for the establishment of this new type of marine protected area. Natural England, the Joint Nature Conservation Committee (JNCC), with Defra, are taking the lead in the establishment of MCZs.

The Balanced Seas project extends from just north of the Essex border to the Hampshire/Dorset border, including the Thames Estuary and the Solent, and out to the median line or Exclusive Economic Zone boundary. The recommendations will be made by a Regional Stakeholder Group that will be set up in the coming months, and that will be designed to ensure representation of all marine users and interest groups in the project area. The proposed MCZs will be designed to protect nationally important marine species and habitat and will complement the existing Special Areas of Conservation (SACs) and Special Protected Areas (SPAs) that focus on wildlife of European importance.

The Regional Stakeholder Group will be supported by the Balanced Seas project team. This consists of four people based at the University of Kent and three Project Liaison Officers based with hosting organisations around the region. Kate Mills, the Project Liaison Officer responsible for engagement with the recreational sectors, will be based with the River Hamble Harbour Authority. The two other hosting organisations are the Thames Estuary Partnership in London, and East Sussex County Council.

2.3. Consultation on proposed changes or updates to environmental legislation

The Department for Environment, Food and Rural Affairs (Defra) has put out numerous consultations on proposed changes to environmental legislation and policy over the summer. The AHM(E) and Marine Director have assessed which of these is relevant to (or likely to be relevant to) the statutory obligations of the Harbour Authority and responded accordingly. These have included:

· Consultation on secondary legislation for England and Wales under the Marine and Coastal Access Bill: Part 4 Marine Licensing. The consultation set out some initial ideas for how applications for a marine licence should be processed and determined; what the appeals process for appealing decisions of the marine licensing authority should look like; and which activities should be exempt from the need for a marine licence and on what conditions. The exemptions aspect is of particular relevance to the RHHA as it is proposed that some activities may become exempt from the licenses currently required from the Marine & Fisheries Agency where those activities also require consent from a harbour authority. Further information can be found at http://www.defra.gov.uk/corporate/consult/marine-bill/index.htm.

· Consultation on Proposed Minor Amendments to the Conservation (Natural Habitats, &c.) Regulations 1994. This consultation proposed minor amendments to Regulations 22-27 and Schedule 1 (special nature conservation orders) to make it clear that the provisions in place can be used to restrict operations taking place on water as well as on land, in order to protect European Sites. See http://www.defra.gov.uk/corporate/consult/conservation-habitats/index.htm.

2.4. Maintenance Consents

Consents for maintenance works have been granted directly by the Harbour Master and AHM(E) under the Harbour Master's delegated powers at various sites around the Harbour. Examples include like-for-like replacement of pontoons and piles.

2.5. Training

The AHM(E) attended a training course in the `Awareness of Hazardous and Noxious Substances' to better understand the risks and our role should a spillage enter the Harbour from the M27 bridge or from Southampton Water.

3. Recommendation

3.1 That this report be noted

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy