The Food and Environment Protection Act (FEPA) 1985
Background
The Secretary of State for Environment, Food and Rural Affairs, as the licensing authority (or the Welsh Assembly Government for activities within waters around Wales), has a statutory duty to control the deposit of articles or materials in the sea / tidal waters; the primary objectives being to protect the marine ecosystem and human health, and minimising interference and nuisance to others
Under the Act the 'sea' includes any area submerged at mean high water springs (MHWS), i.e. tidal waters.
- What is a FEPA licence needed for?
- What is exempt from a FEPA licence?
- What scope does FEPA cover?
- What is considered when making a licensing decision?
- How long is a FEPA licence valid for?
- How are FEPA licences enforced?
Disclaimer: For reasons of public health and protection of the environment tacit authorisation does not apply to this licence application process.
- What is a FEPA licence needed for?
- FEPA licences mainly permit construction within the marine environment, or the deposition of materials at sea.
- Construction includes not only materials used during construction of, for example, new harbours, offshore structures, pontoons, jetties, land reclamation or sea walls but also their use in 'soft-engineered' sea defences, such as beach nourishment, and associated groynes and revetments. A separate licence may be required for the disposal of dredgings arising during such works.
- The categories of waste for which a licence for disposal at sea may be granted have been progressively reduced in recent years: the vast majority of the disposal licences now issued relate to the deposit of maintenance or capital harbour dredgings. All industrial waste and fly ash disposal at sea was terminated in 1992 and colliery spoil in 1995. Similarly the dumping of sewage sludge was brought to an end in 1998 in compliance with the requirements of the Urban Waste Water Treatment Directive. Licenses are, however, available for seabed injection of drill cuttings and 'produced waters' arising during the exploration or production of offshore hydrocarbons.
- The Act also controls scuttling of vessels and incineration at sea and various other activities including the use of tracer dyes or marine biocides, rock dumping on certain pipelines and the burial at sea of human remains.
- No licences have been available for the disposal in the sea of liquid industrial waste or minestone since the end of 1992 and 1995 respectively. All dumping at sea of sewage sludge was terminated with effect from 31 December 1998.
- What is exempt from a FEPA licence?
- A range of activities which involve making deposits in the sea are exempted from licensing by the Deposits in the Sea (Exemption) Order 1985.
- These include scientific instruments; fishing gear or other items returned to the sea during the course of fishing operations; deposits on the site of drilling for oil and gas, and certain maintenance operations on the site of existing works. The Waste Management Regulations 1994 added Articles 4 and 5 to the Exemptions Order which limit the application of Article 3 (which provides that operations listed in the Schedule to the Order are exempt from licence control) in respect of activities involving the recovery or disposal of waste; and require establishments and undertakings engaged on such activities to be registered with the licensing authority.
- Furthermore, in some cases consents may, never the less, be required under other legislation.
- Click this link for more detailed information on exemptions
- What scope does FEPA cover?
- The scope of FEPA controls relates only to those licences issued on behalf of The Secretary of State for Environment, Food and Rural Affairs and the Welsh Assembly Government for deposits at sea:
- - in waters around England and Wales;
- - anywhere at sea from a British registered vessel/aircraft, or
- - the loading of materials in England, Wales or UK controlled waters intended for deposit anywhere at sea.
- Licences for deposits made in Scottish waters are the responsibility of the Scottish Government Marine Directorate (SGMD); those around the coast of Northern Ireland being the responsibility of the Department of Environment (Environment and Heritage Service). Similar powers apply to waters around the Channel Islands and the Isle of Man.
- What is considered when making a licensing decision?
- The Act requires the licensing authority, in deciding whether to issue a licence, to have regard to the need to:
- i. protect the marine environment and the living resources which it supports and human health;
- ii. prevent interference with legitimate uses of the sea;
- iii. minimise any nuisance, noise or odours arising from the disposal of waste, and
- iv. to such other matters as the authority considers relevant
- In addition to assessing the potential risk to the environment and impact upon others, before granting a licence the licensing authority has a duty to consider what practical alternative disposal options are available, including the beneficial use of dredged materials. Licences will not normally be issued for the disposal of dredgings for which a practicable commercial or beneficial use is available.
- [Click here for a simplified procedure for identifying the principal alternative uses of dredged material - separate diagram].
- How long is a FEPA licence valid for?
- The length of the FEPA licence is dependent upon the nature of the activity being licensed, but is typically valid between one and three years.
- Further information:
- Dredging - Longer-term disposal licences
- How are FEPA licences enforced?
- Works permitted under a Food and Environment Protection Act 1985 (FEPA) licence are subject to regular inspection both by the Marine and Fisheries Agency, whose officers are designated Enforcement Officers under the Act and by marine scientists from CEFAS. Such inspection visits also offer the opportunity to identify any works which are being pursued for which no licence has been issued.
- It is an offence under FEPA to deposit articles or substances in the sea or tidal waters below Mean High Water Spring Tides (MHWS) without a valid licence or to breach the conditions of such a licence.
- Anyone found guilty of an offence shall be liable on summary conviction to a fine of an amount not exceeding £50,000; and on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or both. The licensing authority may also take remedial action and recover the cost of so doing.