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A Sea Change a Marine Bill White Paper Cm 7047 A Sea Change A Marine Bill White Paper March 2007 Department for Environment, Food and Rural Affairs Marine Legislation Division 3-8 Whitehall Place London SW1A 2HH Email: [email protected] © Crown Copyright 2007 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] This document is also available on the Defra website. Published by the Department for Environment, Food and Rural Affairs. Printed in the UK, March 2007, on material that contains a minimum of 100% recycled fibre for uncoated paper and 75% recycled fibre for coated paper. A Sea Change A Marine Bill White Paper Presented to Parliament by the Secretary of State for Environment Food and Rural Affairs By Command of Her Majesty March 2007 Cm 7047 £32.50 Department for Environment, Food and Rural Affairs Marine Legislation Division 3-8 Whitehall Place London SW1A 2HH Email: [email protected] © Crown Copyright 2007 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] This document is also available on the Defra website. Published by the Department for Environment, Food and Rural Affairs. Printed in the UK, March 2007, on material that contains a minimum of 100% recycled fibre for uncoated paper and 75% recycled fibre for coated paper. Contents Foreword 1 Executive Summary 2 1. Introduction 4 Why does this matter? 4 What do we need to change? 4 What have we done so far? 5 What do we want to do? 5 What are we going to do? 7 When are we going to do it? 8 How does this fit with wider European, international and other obligations and initiatives? 9 Regulating better 10 Geographic scope 12 Regulatory Impact Assessment 13 2. Integration between land and sea 14 3. Environmental data and information 16 4. Planning in the marine area 18 Summary of our proposals 18 Geographic scope 18 Rationale for planning ahead 19 Regulating better 20 Setting a clear direction: a shared UK marine policy statement 20 Translating policy into plans 24 Integration with other plans 34 Influencing decisions 35 Delivering plans 37 5. Licensing activities in the marine area 41 Summary of our proposals 41 Introduction 41 Creating a modern, streamlined and simplified marine licensing regime 46 Carbon capture and storage 54 Oil and gas 56 Contents Constructing renewable energy installations in the sea 57 Harbours legislation 59 Transport and Works Act 1992 60 Small scale telecommunications development in the sea 60 Delivering the new licensing regime 61 6. Marine nature conservation 65 Summary of our proposals 65 Introduction 66 Marine Conservation Zones 70 Species protection 84 Control of unregulated activities 89 Enforcement 93 7. Modernising marine fisheries management 98 Summary of our proposals 98 Sea Fisheries Committees in England 99 Several and Regulating Orders for shellfish 110 Recreational sea angling and unregulated fishing 115 Enforcement and control of commercial fishing 118 Charging the fishing industry 122 Out-of-date and redundant fisheries legislation 123 8. A Marine Management Organisation 125 Summary of our proposals 125 Introduction 125 Integrated management within a single organisation 127 Regulating better 129 Functions of the new Marine Management Organisation 130 Relationships with other bodies 142 Implications of previous reviews for the Marine Management Organisation 149 References 152 Glossary 157 Acronyms 166 Foreword Much of what goes on in our seas is not easily observed. Perhaps for this reason, the marine environment has not traditionally enjoyed as much attention as what happens on land. But the sustainable management of our seas is one of the biggest environmental challenges we face. A healthy and productive marine environment is obviously vital for those who make a living from its resources but because of the seas’ crucial role in absorbing greenhouse gases, it is critical to the balance of the earth’s ecosystems and the fight against climate change. Marine legislation has built up piecemeal over centuries. It is confusing, overlapping and broken into sectors. However, countries all over the world are reviewing the way they manage their marine environment. The UK Government recognised the need for fundamental change when we promised in our last general election manifesto to introduce a new framework for the sea, based on marine planning, that balances conservation, energy and resource needs. Our proposals for a Marine Bill, which we consulted on last year, enjoyed widespread support. Since then, the European Commission has come forward with proposals for a more strategic and holistic approach to the marine environment that mirror our own. We are delighted now to be publishing this detailed White Paper with policy proposals that will help us meet our commitment to legislation in the current Parliament. We are extremely grateful to officials in Defra, other Government departments and the devolved administrations for the commitment and hard work that has been needed to publish this document. I would also like to thank all those organisations and individuals who took part in our consultation and have contributed to our work before and since. We are confident this White Paper will help us achieve a legal and management framework for our seas fit for the 21st Century, so that future generations will continue to benefit from a clean, healthy and productive marine environment. David Miliband Ben Bradshaw 1 Executive Summary The UK Government is committed to introducing a new framework for the seas through a Marine Bill. It will establish a strategic system of marine planning, and will balance conservation, energy and resource needs. This White Paper explains why new legislation is required. It sets out the UK Government’s intention for the scope and content of the Marine Bill. The views of anyone with an interest will be welcomed – the consultation period will end on 8 June 2007. The responses will help to refine these proposals and ensure that the Marine Bill will be fit for purpose. Why do we need a Marine Bill? There are many existing systems for managing marine activities and protecting marine wildlife and the marine environment. These can be complex, confusing and costly. They are generally discrete and do not provide a strategic approach. Pressures on our seas are increasing and there is growing demand for marine space from the expansion of traditional activities and emergence of new technologies. Our approach will be flexible, so that we can adapt to the impact of climate change on our seas and recognise the contribution that the marine area can make to meet this challenge. We want to ensure that we have the tools that we need to balance conservation needs with the demands that we place on the marine area to meet social and economic requirements. Purpose The principle of sustainable development runs through the Marine Bill proposals. The Bill will be based on the principles of good regulation and modern government. It will improve the delivery of marine policies, by providing an integrated approach to sustainable management and the enhancement and use of the marine natural environment for the benefit of current and future generations. It will help deliver economic, social and environmental objectives with a strategic, progressive and effective approach. Working together The UK Government and devolved administrations are working together to manage the marine area around the UK in a coherent way. Within this overall approach, each administration will decide on the most appropriate way to implement change within their respective areas and competence. The changes we make must also be consistent with international and European law. The main themes There are five key areas that will be covered in the Marine Bill, but there are significant links and interdependencies between them. 2 Executive Summary A new Marine Management Organisation The UK Government and Northern Ireland administration have decided that a new Marine Management Organisation (MMO) is needed to help effectively deliver many marine policies. The MMO will be guided by a UK marine policy statement. It will deal with a range of functions (including marine planning, licensing and enforcement) that together provide a holistic approach to marine management. Marine planning The Marine Bill will introduce a new system of marine planning. This will provide a strategic approach to the use of marine space and the interactions between its uses. It will encompass all activities and deliver sustainable development by facilitating forward looking decision-making. Marine plans will guide decisions on licence applications and other issues, and provide users of the sea with more certainty. Licensing marine activities The proposals will deliver a marine licensing system that is more efficient and transparent, leading to less risk, delay and cost to business. We will replace some existing legislation with a modern streamlined system. The changes will simplify marine licensing processes and provide for a rationalised and more integrated approach.
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