Common activities and the role/function of regulatory authorities in England and Wales with some responsibility for the control of activities with a potential to degrade water quality at European marine sites

(CA - Competent authority; SC - Statutory consultee; NSC - Non-statutory consultee; PL - influence through the planning process)

(refer to Table 4.1 for the effects of these activities on water quality)

 

Environment Agency

MAFF

DETR

National Assembly for Wales

English Nature

Countryside Council for Wales

Local authorities

Other

Discharge via pipes of sewage, sewage effluent, storm water and liquid effluents from industry (including cooling waters from power stations) to rivers, estuaries and coastal waters;

CA1, SC2

SC3

PL4

SC3, PL4

SC5

SC5

PL6, SC7

WSplc: SC8

Abstraction of freshwater for irrigation, industrial processes and drinking water purposes;

CA9, SC2

 

 

PL4

PL4

SC5

SC5

PL6

WSplc: SC10

Abstraction of saltwater for cooling and drinking water purposes;

SC2

 

 

PL4

PL4

SC5

SC5

PL6

 

 

Maintenance dredging in estuaries and coastal waters;

 

 

 

 

CA11

CA11

SC5

SC5

CA35

Port and harbour authorities: CA12

Capital dredging in estuaries and coastal waters

SC2

NSC

PL4

PL4

SC5

SC5

PL6

Port and harbour authorities: CA12

Aggregate extraction in estuaries and coastal waters

NSC

NSC

CA13

CA13, NSC

SC5

SC5

NSC

Crown estate: CA14

Disposal of wastes (including dredge spoil) in estuaries and coastal waters;

NSC

CA15

CA11

 

 

SC5

SC5

PL6

 

 

Aquaculture in estuaries and coastal waters;

CA1, SC2

CA16

CA11, PL4

CA16, PL4

SC5

SC5

PL6

Crown Estate: CA17

Oil/ gas exploration in estuaries and coastal waters; pollution from offshore installations

NSC

NSC

NSC

NSC

SC5

SC5

PL6

DTI: CA18

Pollution arising from shipping in estuaries and coastal waters.

CA19

NSC20

CA21

NSC20

SC20, 5

SC20, 5

NSC20

Port and harbour authorities: CA22

Commercial fishing for fin and shell fish in estuaries and coastal waters.

CA23

CA24

 

 

CA24

 

 

 

 

 

 

Sea Fisheries Committees: CA25

Land reclamation, marine construction works (including harbours and marinas) and beach replenishment in estuaries and coastal waters.

SC26

CA26

CA11,28

PL4

PL4

SC5,26

SC5,26

PL6, SC26

Crown Estate: SC28

Flood defence in estuaries and coastal waters.

CA29

CA30

 

 

CA30

SC5

SC5

CA29

Internal Drainage Boards: CA29

Placement of structures in the sea (including windfarms).

SC?

CA27

CA11

CA27?

SC5

SC5

 

 

Crown estate: CA17

DTI: CA18

Land use in the catchments of estuaries and coastal waters.

NSC31

CA32

PL4

CA32, PL4

SC5

SC5

PL6

 

 

Discharge of gaseous emissions to the atmosphere.

CA33

 

 

PL4

PL4

SC5

SC5

CA34, PL6

 

 

Notes

The Environment Agency is the competent authority for the consenting of discharges via pipes (including cage fish farms) to controlled waters and for the authorisation of discharges to water from certain industrial processes;

The Environment Agency is a statutory consultee for certain planning applications;

MAFF (and the National Assembly for Wales Agriculture Department) is a statutory consultee with respect to possible impacts of sea fisheries. Consent applications are also referred to Sea Fisheries Committees at the request of MAFF (WEAD). Some Environment Agency regions have sea fisheries powers in estuaries;

The Secretary of State at DETR (and the National Assembly for Wales (NAW)) is the final arbiter in planning applications which cannot be resolved by local planning authorities.

English Nature in England and CCW in Wales are statutory consultees under the Conservation (Habitats &c.) Regulations 1994 where a >plan or project= is likely to have a significant effect on a European (marine) site;

Local authorities are the local planning authority and are responsible for dealing with planning applications for works associated with a discharge, an abstraction or other land-based works. Some works may require an Environmental Assessment;

Local authorities are consulted for all consent applications;

The appropriate Water Service plc (WSplc) is a statutory consultee in relation to water supply issues;

The Environment Agency is the competent authority for the granting of abstraction licences from rivers and estuaries;

Persons applying for a licence to abstract are required to serve a notice to the appropriate WS plc;

Consent from DETR Ports Division is required where there are implications for the provision of safety of navigation;

Port and harbour authorities administer maintenance and capital dredging and are governed by their own legislation;

Minerals and Land Reclamation Division of DETR (and NAW Transport, Planning and Environment Group in Wales) administers the >Government View= procedure which determines whether an application for aggregate extraction is granted;

Crown Estate issues a licence for aggregate extraction from the sea bed following a favourable >Government View= of the proposed operation;

MAFF is responsible for the issue of a disposal licence under the provisions of Part II of FEPA 1985;

MAFF registers fish farming (and saltwater shellfish farming) businesses under fish diseases legislation;

Crown Estate acts as a landowner leasing the sea bed for various uses;

DTI Oil and Gas Directorate issues licences to explore for and exploit the petroleum resources of Great Britain, the United Kingdom territorial sea and the UK Continental Shelf. The Department is also responsible for the granting of consents for certain activities carried out under those licences and for the decommissioning of oil and gas installations. Prior to offering petroleum licences, the Department consults widely with other Government Departments and (through the JNCC) the nature conservation agencies, i.e. EN and CCW. The DTI is also responsible for giving consent to the siting of offshore wind farms in excess of 50 megawatts capacity under Section 36 of the Electricity Act 1989.

The Environment Agency has powers to prosecute for a pollution incident in controlled waters;

MAFF (and NAW), the statutory nature conservation agencies and local authorities are consulted in the event of a pollution incident affecting coastal waters;

DETR is the competent authority for enforcing Merchant Shipping legislation;

Port and harbour authorities are required to provide waste reception facilities for ships entering ports and harbours;

The Environment Agency is responsible for licensing migratory species, eg eel, salmon and sea trout. Some Environment Agency regions have Sea Fishery Committee powers;

MAFF regulates fisheries within UK territorial waters (12 miles) through national and EU legislation;

Sea Fisheries Committees regulate commercial sea fisheries (to the 6 mile limit) by introducing and enforcing byelaws;

The Environment Agency, DETR, the statutory nature conservation agencies, local planning authorities and the Crown Estate would be consulted by MAFF in consideration of a licence for these activities which is required under FEPA 1985.

MAFF is the competent authority for issuing licences for these activities under FEPA 1985;

If the activity is to be undertaken on seabed owned by the Crown Estate, then DETR administer an approval process which, if favourable, results in the issue of licence by the Crown Estate;

The Environment Agency, local authorities and Internal Drainage Boards are operating authorities responsible for planning, design, construction, maintenance and operation of flood defence measures;

MAFF (and NAW) has overall policy responsibility for flood defence and coastal protection in England and Wales;

The Environment Agency produces Local Environment Agency Plans (LEAPs) on a sub-catchment basis to inform land-use and planning issues affecting water, land and air quality;

MAFF (and NAW) implements policies influencing agricultural activities in catchments;

The Environment Agency is responsible for issuing authorisations for emissions to the atmosphere for certain >heavy= industrial processes;

Local authorities are responsible for the Local Air Pollution Control (LAPC) system controlling emissions from >light= industrial processes.

Some local authorities are harbour authorities.

References