• Marine and Coastal Access Act

Marine and Coastal Access Act

The Marine and Coastal Access Act 2009

The Marine and Coastal Access Act 2009 covers a variety of topics related to sustainable management of the coast and seas.  It establishes a new marine planning system covering social and economic needs as well as nature conservation.

It establishes the Marine Management Organisation (MMO), which will be the marine planning authority.

The MMO is implementing a new marine planning system designed to integrate the social requirements, economic potential and environmental imperatives of the seas around Britain.

The agency is mandated to promote the UK government’s vision for clean, healthy, safe, productive and biologically diverse oceans and seas.  Conservation, coastal and off-shore development, including renewable energy projects, and fishing, all come under the MMO’s remit.

The new agency is responsible for most marine licensing in English inshore and offshore waters and for Welsh and Northern Ireland offshore waters. The Secretary of State is the licensing authority for oil and gas-related activities and administers marine licences through the Department for Energy and Climate Change.

The MMO has been given the power to enforce sea fisheries, nature conservation and licensing legislation under the Marine and Coastal Access act 2009.  This ground-breaking Act brings together for the first time key marine decision-making powers and delivery mechanisms.

Devolved powers

Marine regulation and licensing has been devolved in Scottish inshore and offshore waters to the Scottish Executive (Marine Scotland), in Welsh inshore waters to Welsh ministers (Marine Consents Unit of the Welsh Assembly Government) and in Northern Ireland’s inshore waters to the Northern Ireland Executive (Department of the Environment of the Northern Ireland Executive).

The MMO will be developing a Marine Policy Statement and a series of marine plans that will apply the policy in different parts of the UK.

England:

The MMO will also be responsible for fisheries management and marine licensing, including licensing for species protected under the Habitats Regulations and the Wildlife and Countryside Act.  The Act also establishes Marine Conservation Zones, which will be designated to protect areas of national importance for biodiversity.

Public authorities that can affect Marine Conservation Zones have a duty to further, or at least avoid hindering, their conservation.  Once a Marine Conservation Zone is established, the MMO has the power to create byelaws to further the conservation objectives of the Marine Conservation Zone, for example, by restricting access or protecting animals, plants or other features within the Zone.  The Act makes offences of intentionally or recklessly killing, injuring, uprooting, collecting, taking or damaging features which are protected within the Marine Conservation Zone.

The Act also establishes Inshore Fisheries and Conservation Districts, provides new regulations for sea fishing and establishes access to the coastline.

Wales:

Under the Act the Welsh Assembly Government is responsible for developing a marine plan (or plans) for the Welsh marine area, it is also responsible for fisheries management and marine licensing, including licensing for species protected under the Habitats Regulations and the Wildlife and Countryside Act.

The Act also allows the Welsh Assembly Government to designate Marine Conservation Zones (MCZs) to protect nationally important marine wildlife, habitats, geomorphology and geology.  Once designated, public authorities in Wales, which may affect Marine Conservation Zones, will then have a duty to further, or at least avoid hindering, their conservation.  The Act makes offences of intentionally or recklessly killing, injuring, uprooting, collecting, taking or damaging features that are protected within the Marine Conservation Zone.