1. Environmental responsibilities and considerations for the River Hamble Harbour Authority, Harbour Board & Management Committee 5 March 2010 Alison Fowler – Assistant Harbour Master (Environment)

2. Why consider the environment? Legal duties as a statutory body – failure to comply will result in legal challenge and enforcement action, possibly to the European Court Legal duties as a statutory body – failure to comply will result in legal challenge and enforcement action, possibly to the European Court Next….. A closer look at the most significant

3. Waste planning Merchant Shipping (Port Waste Reception facilities) Regulations 2003 Legal requirement to produce a ‘Port Waste Management Plan’ to ensure sufficient facilities in the Harbour. RHHA coordinates the plan for all waste providers on the river i.e. all marinas, boatyards and some sailing clubs River users must be consulted as part of the plan development Plan is updated annually This is then submitted for approval to MCA every 3 years Alterations/improvements to facilities carried out - recycling initiative

4. Waste provision Includes: Merchant Shipping (Port Waste Reception facilities) Regulations 2003 Environment Protection Act 1990 Hazardous Waste (England and Wales) Regulations 2005 Animal By-Products Regulation (Regulation (EC) No 1774/2002 Responsible for the disposal of RHHA waste and any waste left by visiting yachts into a licensed waste facility Responsible for the disposal of RHHA waste and any waste left by visiting yachts into a licensed waste facility Legally required to ensure: Legally required to ensure: waste is stored correctly waste is stored correctly waste is taken away by an authorised waste contractor waste is taken away by an authorised waste contractor must fill in the appropriate paperwork and keep records for audits must fill in the appropriate paperwork and keep records for audits

5. Oil spill preparedness Merchant Shipping (Oil Pollution Preparedness, Response and Co- operation Convention) Regulations 1998, SI 1998 No. 1056 Legally required to have an ‘Oil Spill Contingency Plan’ Full review of plan every 5 years Annual returns to MCA – activities, training, incidents Manage the contract for a Tier 2 & 3 Contractor Deliver required deployment exercise for Tier 3 major incident. Writing and updating response procedures for staff. Training exercises for Tier 1 Maintenance of Tier 1 equipment store Respond to pollution incidents & follow up with reports as appropriate. Liaison with operators of the 3 fuel barges. Liaison with external emergency planning teams i.e. HCC, Coastguard, Police. Required attendance at training courses

6. Harbour Works consents Southampton Harbours Act 1949 RHHA is responsible for giving Harbour Works Consent & maintenance consents for works within the Harbour Harbour Board & Management Committee must take into account: - Safety & ease of navigation/ Port Marine Safety code compliance - River users concerns - Environmental laws and duties Streamline Consent Group (6 different permissions needed by developers) Marine and Coastal Access Act 2009 proposes changes to marine licensing which may increase the remit of the Harbour Authority

7. General Environmental Duties When carrying out any work involved with managing the river (incl. determining Harbour Works consent) legally we must When carrying out any work involved with managing the river (incl. determining Harbour Works consent) legally we must Have regard for nature conservation and the environment Have regard for nature conservation and the environment Protect water quality Protect water quality Have regard for biodiversity Have regard for biodiversity Conserve and enhance ‘SSSI’ features Conserve and enhance ‘SSSI’ features Safeguard the European Site Safeguard the European Site

8. Regard for Nature & Environment Under section 48A of the Harbour Act 1964 (inserted by the Transport and Works Act 1992), there is a general duty to exercise our functions with regard to nature conservation and other related environmental considerations Under section 48A of the Harbour Act 1964 (inserted by the Transport and Works Act 1992), there is a general duty to exercise our functions with regard to nature conservation and other related environmental considerations Under the Port Marine Safety Code we are tasked with managing and monitoring all environmental aspects of the RHHA operations Under the Port Marine Safety Code we are tasked with managing and monitoring all environmental aspects of the RHHA operations

9. Protect water quality Water Resources Act 1991 - an offence to cause or knowingly permit the discharge of polluting substances into controlled waters Salmon and Freshwater Fisheries Act 1975 - offence to permit or put any liquid or solid into water containing fish which damages fish, their food, their spawn or their spawning grounds. Surface Waters (Shellfish) (Classification) Regulations 1997 we need to ensure that activities under the control of the Harbour Authority do not adversely impact the water quality that would result in the alteration of the Classification of shellfish beds Water Framework Directive - European Directive that aims to achieve ‘good ecological status’ throughout all water bodies across Europe. River Basin Management Plans recently published setting out how target status will be achieved for each river, lake, estuary & coastline. There must be no deterioration which will have to be taken into account when granting consents

10. Regard for biodiversity Natural Environment and Rural Communities Act 2006 extended the biodiversity duty under the Countryside and Rights of Way Act 2000 to public bodies and statutory undertakers to have regard to the conservation of biodiversity Natural Environment and Rural Communities Act 2006 extended the biodiversity duty under the Countryside and Rights of Way Act 2000 to public bodies and statutory undertakers to have regard to the conservation of biodiversity

11. Biodiversity Action Plan International Convention on Biodiversity 1992 UK Biodiversity Action Plan RHHA should have regard to HCC’s Coastal Biodiversity Action Plan (Coastal BAP) Coastal Biodiversity Action Plan (Coastal BAP) Priority Habitat Action Plans Priority Habitat Action Plans Species Action Plans Species Action Plans when making its decisions to ensure it does not impact on the County Council meeting its BAP targets (Hamble has 4 of the 6 Priority coastal habitats)

12. Conserve and enhance a SSSI Under section 28G of the Countryside and Wildlife Act 1981 (inserted by the Countryside and Rights of Way Act 2000), there is a duty on a harbour authority, in exercising its functions, to take reasonable steps to further the conservation and enhancement of the flora, fauna or geological or physiographical features. This duty applies where such features are the reason for the designation of a Site of Special Scientific Interest.

13. Conservation (Natural Habitats, &c.) Regulations 1994 Include provisions for the designation, safeguard & management of site of European importance for nature conservation. Refer to two different sorts of statutory organisations which have certain responsibilities within European marine sites. RHHA is both. Competent Authorities - any statutory body or public office exercising legislative powers, whether on land or sea. "every competent authority in the exercise of any of their functions, shall have regard to the requirements of the Habitats Directive so far as they may be affected by the exercise of those functions." Regulation 3(4) Relevant Authorities - those competent authorities which have powers or functions which have, or could have, an impact on the marine area within or adjacent to a European marine site. Establish a management scheme for a European marine site (Regulation 34) - RHHA input to the Solent European Marine Site (SEMS) Management Plan Safeguard the European Site

14. Habitats Regulations Appropriate Assessment Step by step process that must be followed Cumulative/ combined effects may need to be considered on whole EMS Precautionary principle must be applied If there may be an adverse effect and there are less damaging alternative solutions plan cannot be adopted If no alternative solutions must be imperative reasons of overriding public interest If plan maker minded to adopt on these grounds need authority of SoS SoS may intervene with Directions and must ensure any necessary compensatory measures are secured

15. Environmental lease RHHA has an environmental lease of the foreshore and bed of the River from the Crown Estate RHHA has an environmental lease of the foreshore and bed of the River from the Crown Estate Effectively we are the ‘occupier’ of the area which has legal responsibilities as Owner/ occupier of SSSI to conserve and enhance Effectively we are the ‘occupier’ of the area which has legal responsibilities as Owner/ occupier of SSSI to conserve and enhance The lease also states we are required to keep it clean and tidy and to remove all debris.... in so far as is reasonable and practical The lease also states we are required to keep it clean and tidy and to remove all debris.... in so far as is reasonable and practical

16. In addition….. External plans, policies & initiatives E.g. Hamble Estuary Management Plan Maintenance Dredging Protocol Towards Solent Marine Planning (SoMaP) Pilot ABP Southampton Channel Capital Dredge Government consultations on changes to legislation RHHA must engage with these if they are likely to influence how the Harbour is managed, maintained or improved.

17. In summary, we are required by law to: Have regard for nature conservation and the environment Have regard for nature conservation and the environment Protect water quality and morphology Protect water quality and morphology Have regard for biodiversity Have regard for biodiversity Conserve and enhance SSSI features Conserve and enhance SSSI features Safeguard the European Site Safeguard the European Site Plan, provide and manage waste facilities Plan, provide and manage waste facilities Prepare & respond to pollution Prepare & respond to pollution

18. A closer look at the nature conservation designations

19. International Sites Solent Maritime SAC – Habitats Regulations (EC Habitats Directive) Solent Maritime SAC – Habitats Regulations (EC Habitats Directive) Solent Maritime SPA – Habitats Regulations (EC Birds Directive) Solent Maritime SPA – Habitats Regulations (EC Birds Directive) Solent and Southampton Water Ramsar Site – Wetlands Convention at Ramsar Iran Solent and Southampton Water Ramsar Site – Wetlands Convention at Ramsar Iran

20. Features of the international site Coastal plain estuary of the Hamble – unique hydrographic regime and complex habitats Coastal plain estuary of the Hamble – unique hydrographic regime and complex habitats Spartina swards – only site in the UK where smooth cord-grass (Spartina alternifora) is found Spartina swards – only site in the UK where smooth cord-grass (Spartina alternifora) is found Atlantic salt meadows – second largest aggregation in S & SW England Atlantic salt meadows – second largest aggregation in S & SW England Internationally important numbers of breeding birds Internationally important numbers of breeding birds Internationally important numbers of over-wintering bird species as well as total numbers Internationally important numbers of over-wintering bird species as well as total numbers At least 33 British Red Data Book invertebrates and at least 8 British Red Data book plants. At least 33 British Red Data Book invertebrates and at least 8 British Red Data book plants.

21. National Sites Wildlife & Countryside Act and CROW Act Lee on Solent to Itchen Estuary SSSI Lee on Solent to Itchen Estuary SSSI Upper Hamble Estuary & Woods SSSI Upper Hamble Estuary & Woods SSSI Lincegrove & Hacketts Marshes SSSI Lincegrove & Hacketts Marshes SSSI

22. Features of the SSSIs Intertidal muds, saltmarsh, shingle, reedbed, marshy grassland and deciduous woodland Intertidal muds, saltmarsh, shingle, reedbed, marshy grassland and deciduous woodland Wildfowl and waders: e.g., dark bellied brent geese, great-crested grebe, teal, widgeon, Black tailed godwit, Dunlin, Ringed plover, Redshank Wildfowl and waders: e.g., dark bellied brent geese, great-crested grebe, teal, widgeon, Black tailed godwit, Dunlin, Ringed plover, Redshank Assemblage of nationally scarce coastal plants Assemblage of nationally scarce coastal plants Benthic invertebrates in intertidal flats – largest remaining British population of hard clam shell Mercenaria mercenaria Benthic invertebrates in intertidal flats – largest remaining British population of hard clam shell Mercenaria mercenaria Structurally the Lincegrove and Hacketts marshes are one of the best examples of mature saltmarsh on the south coast. Structurally the Lincegrove and Hacketts marshes are one of the best examples of mature saltmarsh on the south coast.

23. Local Sites National Parks and Access to Countryside Act 1949 Hook with Warsash Local Nature Reserve Hook with Warsash Local Nature Reserve Mercury Marshes Local Nature Reserve Mercury Marshes Local Nature Reserve Sites of Importance for Nature Conservation (SINC) Generally cover smaller areas of saltmarsh not already covered by SSSI. These receive protection from development through policies in the local land use plans.

24. Thank you alison.fowler@hants.gov.uk