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
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