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New Marine Licensing System

8 April 2011

We would like to advise all of our UK based clients that a new licensing system for marine works has been introduced to control development in waters around England.  The new system, which went live on the 6th April 2011, replaces the Food and Environment Protection Act (FEPA) and the  Coast Protection Act 1949 (CPA).  The new licensing regime resulted from a commitment included within the Marine and Coastal Access Act (2009) to streamline the consent process.  The arrangements in Scotland and Wales are a matter for the respective devolved administrations.

In future a single application is required to the Marine Management Organisation (MMO) for a Marine License for any works involving construction, deposit of materials or that has the potential for interference with navigation.

The new licensing system also introduces a new charging structure for marine licenses.  For maintenance dredging licenses the level of fee will be heavily influenced by the presence of a Maintenance Dredging Protocol Baseline Document, increasing the importance of this element.

Other recent changes to the licensing of marine works include the introduction of a protocol to assess the effects of maintenance dredging in relation to the Water Framework Directive.

Danielle Smith, Environmental Manager for Marina Projects noted:

This new licensing system and the other recent changes represent a significant step change in the area of marine works licensing and will take some time to bed in.  We welcome the streamlining that the changes seek to deliver in what remains a very complex area with over lapping legislation including that relating to Environmental Impact Assessment (EIA).

Marine Works Licensing and (EIA) is an area of expertise offered by Marina Projects.  This includes acting as the preferred supplier of marine consent advice to the British Marine Federation (The Trade Association for the UK Marine Leisure Industry) and provides for BMF members to have access to a consent hotline providing an initial level of free advice.  Further details of the marine consent hotline can be found here.