Memorandum from Environmental Industries
Commission
EIC was launched in 1995 to give the UK's environmental
technology and services industry a strong and effective voice
with Government.
With over 300 Member companies EIC has grown
to be the largest trade association in Europe for the environmental
technology and services (ETS) industry. It enjoys the support
of leading politicians from all three major parties, as well as
industrialists, trade union leaders, environmentalists and academics.
EIC's Oil and Marine Sector Working Group represents
over 60 companies including Member companies that undertake research
in the marine environment and also operate a number of coastal
or marine ranges on behalf of the MoD and commercial activities.
A NEW MARINE
BILL—INTRODUCTION
EIC welcome the Government's decision to consider
creating a new system of marine spatial planning. EIC believe
that it will allow reduced uncertainty in development planning
and also allow a more holistic view of marine environmental protection
to be obtained and applied.
PLANNING AND
LICENSING
EIC believe that spatial planning and consequential
licensing of activities needs to be flexible to reflect changing
priorities on use of marine areas. However, there also needs to
be stability and consistency built into the system since many
companies and other organisation are looking to make long term
financial investments based on confidence that the planned and
licensed activities are not going to have licensed revoked or
not renewed at short notice. It is thus imperative that the timescales
and review arrangements for both spatial plans and licenses given
for developments allow both flexibility and a stable, consistence
regulatory regime.
As you will be aware, there are currently a
series of activities which are exempted from the need to obtain
a FEPA licence under the Deposits in the Sea (Exemptions) Order,
1985. EIC believe that a new licensing regime under a Marine Bill
should incorporate a mechanism which exempts defined activities
from the need for licensing. This will avoid unnecessary bureaucracy
and will provide a mechanism to implement the principle of proportionality
that should be inherent in any new licensing scheme.
Finally, EIC believe that it is important that
the regimes developed for planning and licensing in a Marine Bill
will require an appropriate appeal mechanism to be embedded in
them for persons aggrieved by either planning or licensing decisions.
RECOGNITION OF
DEFENCE ACTIVITIES
Defra's consultation document recognises that
there needs to be a balance between environmental, social and
cultural demands on the marine environment. Whilst the document
discusses the commercial aspects of the social dimension, EIC
believe that there is a need to also recognise that public safety
(in the form of necessary defence related activities) is an essential
use of the marine environment.
This can be particularly problematic where local
input is concerned since the benefits of defence activities are
realised at the national and international level rather that the
local level. As a result all such activities are prone to a "not
in my back yard" attitude from local authorities or consultees.
In addition the interaction between marine environmental matters,
which are the competent business of the devolved authorities,
and defence, which has not been devolved and remains the competent
business of the UK Government for the whole of the UK, can be
problematic.
EIC believe that a Marine Bill needs to recognise
defence activities as an important activity in the marine environment
and ensure due weight is given to them in spatial planning, etc.
Many coastal ranges have bye-laws made under
the various Military Lands Acts which give rights to use land,
foreshore and adjacent sea or tidal waters for defence purposes.
It is assumed that the Marine Bill will not impact on these byelaws.
However, EIC believe that the legitimate use of such waters for
defence purposes needs to be recognised in the marine spatial
planning brought in by the Bill.
Furthermore, EIC believe that the planning and
licensing regimes developed in the Marine Bill need to recognise
high priority taskings such as unforeseen developments in military
operational theatres. Defra's consultation document does not make
it clear how such mobile activities will be accommodated in planning
or licensing regimes.
I enclose detailed responses to questions asked
in Defra's consultation document. We will, of course, submit these
responses to Defra as part of their consultation process.
June 2006
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