Current regulatory procedures
The main provisions of The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007 and their procedural guidance Marine Minerals Guidance Note 2: The Control of Marine Minerals Dredging from the British Seabed are set out below:
- The Secretary of State is defined as the regulator for marine minerals within British waters and the regulatory functions will be undertaken by the MFA.
- The regulations generally apply to all the seabed, regardless of ownership, below mean low water but not within the jurisdiction of any harbour authority or local planning authority.
- The Regulations do not apply to any dredging operations licensed prior to 1 May 2007 unless there is a proposal to vary the terms of the existing licence or if the licensed area becomes affected by a subsequently designated European site of nature conservation importance.
- The regulations will only apply to new dredging proposals from 1 May 2007 if they are likely to have a significant effect on either the environment or on a European site of nature conservation importance - in which case a dredging application must be submitted.
- All new dredging applications must be accompanied by a dredging application fee payable to the MFA.
- Operators may apply to the Secretary of State for a determination as to whether a proposed dredging operation is likely to have a significant effect on either the environment or on a European site of nature conservation importance and, therefore, require dredging permission, or if it will be otherwise exempt from the regulations - this is a process known as 'screening'.
- Dredging of minerals not in accordance with a licence issued prior to 1 May 2007 or not in accordance with either a decision or determination of the regulations is a criminal offence punishable by the courts.
- All dredging applications having a significant effect on the environment must be accompanied by an Environmental Statement.
- Operators may apply to the Secretary of State for his opinion on the content of an environmental statement to accompany a dredging application - a process known as 'scoping' - and/or for pre-application advice for which a fee is payable to MFA.
- All dredging applications having a significant effect on a European site of nature conservation importance must be accompanied by sufficient environmental information to enable the Secretary of State to carry out an appropriate assessment of the implications that that the proposal will have for the site's nature conservation value.
- All applications requiring the submission of an environmental statement will be subject to extensive publicity and wide ranging public consultation. The MFA will generally consult the Government's statutory environmental advisors, the Environment Agency, Natural England or the Joint Committee on Nature Conservation and English Heritage on all new applications as well as its scientific advisor on the marine environment, the Centre for Environmental, Fisheries and Aquaculture Science.
- There is provision for disputed applications to be considered by an Inspector from the Planning Inspectorate who will consider evidence from contesting parties at either a public inquiry or hearing and by an exchange of written statements. He will then submit a report to the Secretary of State setting out his conclusions and recommendations on the application.
- The Secretary of State will decide applications on the basis of the evidence available, the views expressed by both his statutory and scientific advisers and by the general public; and, in appropriate cases the recommendation of the Inspector.
- All dredging permissions will be subject to a comprehensive schedule of legally enforceable conditions to ensure that the dredging is carried out as proposed; to specify the duration and area of the permission as well as the tonnages that may be dredged; to mitigate any adverse environmental effects of the dredging; to monitor the effects of the dredging; and to secure the payment of monitoring fees payable to the MFA.
- All dredging permissions will be issued for the benefit of the owner of the seabed or of the minerals - usually the Crown Estate - who may, with the prior written agreement of the Secretary of State, transfer them in whole or in part to an operator or operators.
- Operators may apply to the Secretary of State to vary the terms of an existing dredging permission for which a fee is payable to MFA and which may generally be processed in the same way as new dredging applications.
- The Secretary of State has the power to vary or revoke any dredging permission following consultation with the parties and to suspend a permission while either information is requested from the operator or while its environmental effects are investigated.
- The Secretary of State has a duty to review any existing licensed dredging or any permitted dredging area that may be affecting a subsequently designated European site of nature conservation importance. Following necessary consultation, he will either affirm, vary or revoke the dredging permission.
- All the decisions and determinations under the regulations and all their background papers will be placed on a public register that may be freely inspected by the public by prior arrangement at MFA's London Office.
- The holder of a dredging permission may also require a licence from MFA under the Coast Protection Act 1949 and the Marine Works Regulations 2007 before dredging operations can begin.