Common activities and the role/function of Regulatory authorities in Northern Ireland 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 effects of these activities on water quality)

Environment and Heritage Service

DANI

Northern Ireland Office

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, SC2,5

SC3

PL4

PL6, 7

Water Service: SC8

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

CA9, SC2,5

PL4

PL6

Water Service: SC10

Abstraction of saltwater for cooling water purposes;

SC2,5

PL4

PL6

Maintenance dredging in rivers, estuaries and coastal waters;

SC5

CA11

Port and harbour authorities: CA12

Capital dredging in rivers, estuaries and coastal waters

SC2,5

NSC

PL4

PL6

Aggregate extraction in estuaries and coastal waters

SC5, NSC

NSC

CA13

NSC

Crown Estate: CA14

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

CA15, SC5, NSC

NSC

CA11

 Aquaculture in estuaries and coastal waters

CA1, SC2,5

CA16

CA11, PL4

PL6

Crown Estate: CA17

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

NSC, SC5

NSC

DTI: CA18

Pollution arising from shipping in estuaries and coastal waters

CA19, SC5,20

SC20

CA21

SC20

Port and harbour authorities: CA22

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

SC5

CA23

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

CA24

SC25

SC25, PL4

PL6

Crown Estate: SC26

Flood defence in estuaries and coastal waters;

SC5

CA27

Rivers Agency: CA28

Placement of structures in the sea (including windfarms)

CA24, SC5

NSC

CA11

Crown Estate: CA17

DTI, CA18

Land use in the catchments of estuaries and coastal waters.

NSC29

CA30

PL4

PL6

Discharge of gaseous emissions to the atmosphere

CA31, SC5

 

PL4

PL6

Notes

The Environment and Heritage Service 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 and Heritage Service is a statutory consultee for certain planning applications;

The Department of Agriculture for Northern Ireland (DANI) is a statutory consultee with respect to possible impacts of sea fisheries;

The Secretary of State for Northern Ireland is the final arbiter in planning applications which cannot be resolved by local planning authorities.

The Environment and Heritage Service is a statutory consultee 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 Water Service is a statutory consultee in relation to water supply issues;

The Environment and Heritage Service 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 Water Service;

Consent from the Northern Ireland Office is required where there are implications for the provision of safety of navigation;

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

The Northern Ireland Office 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;

The Environment and Heritage Service is responsible for the issue of a disposal licence under the provisions of Part II of FEPA 1985;

DANI 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 Environment and Heritage Service. The DTI also has responsibility 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 and Heritage Service has powers to prosecute for a pollution incident in controlled waters;

DANI, the Environment and Heritage Service and local authorities are consulted in the event of a pollution incident affecting coastal waters;

The Northern Ireland Office 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;

DANI is the competent authority for commercial sea fisheries in coastal waters (to the 12 mile limit);

The Environment and Heritage Service is the competent authority for issuing licences for these activities under FEPA 1985;

DANI, Northern Ireland Office departments, local planning authorities and the Crown Estate would be consulted by the Environment and Heritage Service in consideration of a licence for these activities which is required under FEPA 1985.

If the activity is to be undertaken on seabed owned by the Crown Estate, then the Environment and Heritage Service administers an approval process which, if favourable, results in the issue of licence by the Crown Estate;

DANI has some policy responsibility for flood defence and coastal protection in Northern Ireland;

The Rivers Agency is responsible for planning, design, construction, maintenance and operation of flood defence measures;

The Environment and Heritage Service provides advice to farmers on the protection of water and soil from pollution from agricultural activities;

DANI implements policies determining agricultural activities in catchments;

The Environment and Heritage Service is responsible for issuing authorisations for emissions to the atmosphere;

References