The Marine
and Coastal Access Act 2009 gained Royal Assent on 12th
November 2009 and provides the legal mechanism to help ensure
clean, healthy, safe, productive and biologically diverse oceans
and seas by putting in place a new system for improved management
and protection of the marine and coastal environment.
The Marine Act, which mainly affects England and Wales,
comprises eight key elements:
1 – A Marine Management
Organisation (MMO) – To operate as the competent marine
planning authority on behalf of UK Government, delivering marine
functions in English territorial waters and UK offshore waters (for
matters that are not devolved) such as marine licensing and
enforcement of marine legislation. The MMO was launched in April
2010 and functions as the centre of marine expertise for the UK.
Its role is to provide a consistent and unified approach to the
coordination and distribution of information and data, and improve
efficiency by replacing existing separate organisations.
2 – A Strategic Marine Planning System – To agree and clarify
our marine objectives and priorities for the future and to steer
sea users and decision-makers towards more efficient, sustainable
use and protection of our marine resources. This process will
involve the production of a jointly agreed Marine Policy Statement
that sets out both short and long-term objectives for the
sustainable use of the marine environment by both UK government and
the devolved administrations. A series of marine plans are intended
to follow which implement the Marine Policy Statement in specific
areas, utilising information about spatial uses, conflicts and
needs of those areas. Marine planning will be one of the major
functions of the new MMO.
3 – A Streamlined Marine Licensing System – Which will become
more transparent and consistent across all sectors operating in UK
waters, giving marine users a level playing field from which to
operate. The licence application procedure will be simplified
for operators and will involve the issue of a single licence for
all activities. The Marine Act will supersede the two existing Acts
which set the framework for the current marine licensing system –
the Food and Environment Protection Act 1985 and the Coast
Protection Act 1949. The MMO will be responsible for delivering
licensing arrangements under the Marine Act.
4 – Marine Nature Conservation – Powers in the Marine Act enable
the designation of Marine
Conservation Zones (MCZs) in the territorial waters adjacent to
England and Wales and UK offshore waters. In Scotland offshore MCZs
will be referred to as Scottish MPAs to enable consistency with
inshore MPA developments under the Marine (Scotland) Bill. The
purpose of these new conservation measures is to halt the
deterioriation of the state of the UK’s marine biodiversity and
promote recovery where appropriate, support healthy ecosystem
functioning and provide the legal mechanism to deliver our current
European and international marine conservation commitments, such as
those laid out under the Marine Strategy Framework Directive, OSPAR Convention
and Convention on Biological Diversity.
5 - Fisheries Management and Marine Enforcement – Will
include modernising inshore fisheries management in England through
the creation of
Inshore Fisheries and Conservation Authorities (IFCAs), which
will replace the existing Sea Fisheries Committees (SFCs); the
purpose being to conserve marine ecosystems whilst enabling a
profitable and sustainable fisheries sector. The
Welsh Assembly Government will regulate inshore fishing
operations in Wales. The MMO will be responsible for regulating
most activities and enforcing sea fisheries, nature conservation
measures and licensing legislation.
6 – Migratory and Freshwater Fisheries – By introducing a new
licensing and authorisation system for fishing activities with the
Environment
Agency as the competent authority to make emergency bylaws that
respond to unforeseen threats to fish stocks and allow for the
introduction of a new authorisation scheme for the movement of live
fish in order to better protect national and local
biodiversity.
7 – Coastal
Access – Enabling the creation of continuous, well signed and
managed route around the entirety of the English and Welsh
coastline. This will include areas of spreading room, e.g. for
beaches, sand dunes and cliffs, where it is appropriate to do
so.
8 – Coastal and Estuarine Management – Will ‘join-up’ existing
sectoral policies and bylaws in place at the coastal and estuarine
environment to minimise conflict and promote sustainable use
through a system of Integrated
Coastal Zone Management (ICZM).
How will the UK Marine and Coastal Access Act 2009 be
implemented?
Defra have produced a series of
maps to help explain how the UK Marine and Coastal Access Act
applies to different sea areas around the UK. The UK Marine Act
will come into force gradually through a series of detailed
regulations and orders. Upon presentation of the Ministerial
Statement before parliament, the Marine Act will legally come into
force. Some of the first parts to be implemented are marine
planning, nature conservation, marine licensing and coastal access
plans.
March 2010