Rail Infrastructure Environment Forum The MMO & Marine Licensing Gregor McNiven 17 October 2013

Introduction The Marine Management Organisation (MMO) was vested in April 2010, taking over duties from the Marine and Fisheries Agency (MFA). Part 4 of the Marine and Coastal Act 2009 (MCAA) (requirements for a marine licence) came into force on 1 April 2011. The MMO carries out licensing and enforcement functions under the MCAA Part 4 (Section 66, Licensable Activities). The MMO is responsible for regulating licensable activities within the English inshore region and all English, Welsh and Northern Ireland offshore regions.

Marine licensing functions In determining an application for a marine licence the MMO must have regard to: The need to protect the environment The need to protect human health The need to prevent interference with legitimate uses of the sea and Such other matters as the MMO thinks relevant. The MMO launched a new online system to streamline the application and decision making process. All MMO decisions are published on the online public register and complex cases are included on a selected cases page on the MMO website.

Other regulatory duties MMO responsible for considering and determining applications for Harbour Revision Orders (HRO) and Harbour Empowerment Orders (HEO) under the Harbours Act 1964. MMO is responsible for considering and determining applications for consent under section 36 of the Electricity Act for offshore generating stations with a generating capacity of more than 1MW but less than or equal to 100MW. The MMO is also statutory consultee to the Planning Inspectorate on Nationally Significant Infrastructure Projects (NSIP) which have marine interests.

Marine licensing team Marine licensing function currently split into two teams: Inshore Offshore Inshore: Ports and harbours; Leisure; Nuclear; Coastal Defence, etc. All coastal/near shore licensable activities. Primarily offshore wind, aggregate extraction, Carbon Capture and storage (CCS). Supported by: Licensing Support Team (first point of contact for applicants); Licensing Delivery team (development of process, staff training and development etc).

Extent of powers

Extent of powers

Regulatory regime Environmental Impact Assessment Marine Works (EIA) Regulations 2007 (as amended). MMO can defer to EIA consent decision of another appropriate authority (e.g. Local Planning Authority) if all marine elements of project fully considered. Habitats Regulations Assessment (HRA) HRA process followed for all applications within or adjacent to European designated sites (e.g. SAC, SPA, Ramsar). MMO are ‘competent authority’, but follow Defra guidance on selecting one lead authority where more than one competent authority (e.g. LPA, Harbour Authority etc). Other considerations include: Water Framework Directive; Waste Framework Directive; Other consents/permissions required (e.g. Planning, Crown Estate, EA etc).

Licensing ‘Tiers’ Tier 1: low risk projects where we are able to deal with applications in an accelerated manner because the activities involved are straightforward and carry limited risk. Tier 2: routine projects which are more complex and unpredictable but where our experience has allowed us to develop reasonable certainty over the work we are likely to undertake. Tier 3: complex projects where the time needed to deal with applications may itself be very variable, even between two projects relating to a comparable type and scale of activity.

Current and future changes Amendment to Marine Licensing (Exemptions) Order 2011. ‘Fast Track’ marine licensing. Marine Conservation Zones (MCZs). Navigational dredging. Fees and charges review. Plan led management. Coordinated coastal regulation

Amendment to Exemptions Order The Marine Licensing (Exempted Activities) Order 2011 has been amended by the Marine Licensing (Exempted Activities)(Amendment) Order 2013. New exemptions added and modifications to existing. The new exemptions (subject to certain caveats) include: Samples for testing or analysis; Accidental deposits – removal activity; Navigational dredging (of a certain scale, low risk); Deposit/construction of pontoons with consent of Harbour Authority (subject to size/number limitations); Temporary marker buoys (deployed for up to 28 days). Notification requirements are included in the exemptions, but are proportionate to the activity.

Fast track licensing Some licensable activities deemed as low risk, time to process/consult burden on both regulators/applicants. MMO (in consultation with Statutory Advisors) have identified a first tranche of ‘fast track’ licensing activities: burial at sea; removal of marine mammal carcasses (now exempt since 6 April 2013); use of tracers; and scaffolding. MMO will continue to work with Statutory Advisers to identify a second tranche of suitable activities. Fees remain same, but licensing process shortened.

Marine Conservation Zones (MCZs) Consultation published by Defra on proposed MCZs ended 31 March 2013. 31 sites candidates for designation in 2013 (‘first tranche’). Defra worked closely with MMO and Statutory Nature Conservation Bodies (SNCBs) to produce guidance on licensing in MCZs pre- and post-designation. Guidance on how MCZs to be considered in the marine licensing process now available on MMO website: http://www.marinemanagement.org.uk/licensing/supporting/mcz.htm

Navigational dredging Dredging activities that would not previously have been licensable under FEPA regime (e.g. where deposit at sea was not required – dispersive dredging etc) – will become licensable under MCAA 2009. Extended transitional arrangements to April 2014. During 2013, licensing team to develop processes and capability to be ready for April 2014 (e.g.): Project team appointed to develop guidance on licensing dredging requirements. Consider accelerated licensing process small-scale and larger, ‘low risk’ established maintenance dredging activities. Scoping potential trial of expanded Maintenance Dredging Protocol baseline document (to include WFD). MMO to set up a Communications strategy for industry.

Fees and charges revision Three types of charge in current structure Tier 1 – fixed fee - low risk activities Tier 2 – fixed fee – ‘routine’ or ‘intermediate’ Tier 3 – hourly charged – ‘bespoke and/or complex’ Rightly industry expect value for money To ensure that our charging structure is proportionate, we are currently undertaking a review of fees and charges. Real focus on turning around licences as efficiently as possible (engagement with other organisations key to success). Fees and charges review underway Consultation closes: 19 November 2013. https://www.gov.uk/government/consultations/revision-to-marine-licensing-fees-and-charges

Plan-led licensing Plan led management will streamline process of consenting when applications are in accordance with the plan. Plans lead to greater transparency of future scenarios with less issues being left to ‘case by case’. The granting of licences acts as an important feedback loop for the marine plan, improving and developing the picture over time. During 2013, the marine licensing team will move to making decisions in accordance with marine plans. East Marine Area plans public consultation closed 8 October 2013. South Area identified as next region to undergo marine planning process.

Coordinating marine regulation BIS Review of Coastal Development Red Tape Challenge Government Offer to City Deals / LEPs Defra response Single Voice Coastal Concordat

Coastal concordat Defra, DCLG, DfT, MMO, NE, EA, LGA Five key principles: Single point of entry to the regulatory system Single Lead authority (EIA/HRA) Defer regulation (where possible) Certainty at pre-application stage over evidence requirements for all stages of consenting process Coordinated advice Launch: November 2013

Thank you and questions Links and contact details: marine.consents@marinemanagement.org.uk 0300 123 1032 gregor.mcniven@marinemanagement.org.uk 0191 376 2721 MMO Website guidance and link to Exemption notification form http://www.marinemanagement.org.uk/licensing/marine/activities/exemptions.htm Marine Licensing (Exempted Activities) Order 2011 http://www.legislation.gov.uk/uksi/2011/409/contents/made Marine Licensing (Exempted Activities) (Amendment) Order 2013 http://www.legislation.gov.uk/uksi/2013/526/contents/made Defra Guidance on Amendment to Marine Licensing (Exempted Activities) Order 2011 http://archive.defra.gov.uk/environment/marine/documents/protected/marine-licensing-qa-20130315.pdf