Embed Size (px)
Citation preview
The repercussions of marine
structure decommissioning in
integrated marine governance
Sue Boyes & Mike Elliott Institute of Estuarine and Coastal Studies (IECS)
Challenges for science & management:
There is only one big idea in marine
management: how to maintain and
protect ecological structure and
functioning while at the same time
allowing the system to produce
ecosystem services from which we
derive societal benefits.
• Recovery/coping with historical legacy
• Endangered coastal and marine
ecosystem functions
• Legal & adminstrative framework
• Economic prosperity and delivery of
societal benefits
• Coping with climate change & moving
baselines
To be successful, management
measures or responses to
changes resulting from human
activities should be:
• Ecologically sustainable
• Technologically feasible
• Economically viable
• Socially desirable/tolerable
• Legally permissible
• Administratively achievable
• Politically expedient
• Ethically defensible (morally
correct)
• Culturally inclusive
• Effectively communicable
The 10-tenets:
The UK and Marine Scotland vision:
“clean, healthy, safe, productive,
biologically diverse marine and coastal
environments, managed to meet the long-
term needs of people and nature”.
Governance
• Defined as policies, politics, legislation and
administration;
• Many countries have an (unnecessarily?)
complex marine legislation and
administrative framework;
• Users and uses of the marine environment
are regulated on an activity/sector basis (e.g.
marine spatial planning, tourism,
conservation, oil and gas production,
offshore windfarms) and through numerous
government departments.
Boyes & Elliott (Mar
Poll Bull 2014)
Abbreviations:BWD= Bathing Water Directive; BWM= Ballast Water Management Convention; CAP= Common Agricultural Policy; CFP= Common Fisheries Policy; EIA= Environmental Impact Assessment Directive; FRMD= Flood Risk Management Directive; FRMD (FRMP)= Flood Risk Management Directive (Flood Risk Management Plan); HD= Habitats Directive; MPS= Maritime Spatial Planning Directive; MSFD= Marine Strategy Framework Directive; Natura 2000= Habitats and Wild Birds directives; Nitrates Dir= Nitrates Directive; SAC= Special Area of Conservation; SEA Dir= Strategic Environmental Assessment Directive; SPA= Special Protection Area; UWWTD= Urban Wastewater Treatment Directive; WBD= Birds Directive; WFD= Water Framework Directive (with extension out to 12nm for chemical status); WFD (RBMP)= Water Framework Directive (River Basin Management Plan)
Geographical scope and competencies
of EU marine legislation
Governance
• No single body is responsible for marine
environment – many organisations and
bodies are responsible for implementing
EU directives and national legislation.
• Government organisations - may or may
not communicate effectively with each
other in co-ordinating their efforts, which
can result in overlapping duties.
Natural Environment Research Council (NERC)
(ACRE reports through Defra)
KEY
Ministerial Depts
Inte
rnational
Oblig
ations
Euro
pean
Unio
n
Planning Inspectorate
- Health & safety w ith respect to working at sea- Ships surveys & inspections
- Emergency response including search & rescue, counter pollution & response, receiver of w reck, maritime incident response group (MIRG) & resilience.
NI
Executive
Department of Energy & Climate Change (DECC)
Department for Transport (DfT)
Cabinet Office
Home Office
Maritime and Coastguard Agency
Trinity House Lighthouse Service
Inte
rnatio
nal
Maritim
e
Org
anis
atio
n
(IM
O)
Department for Communities and Local Government (DCLG)
Department for Environment Food and Rural Affairs (DEFRA)
Wels
h
Gove
rnm
ent
Scott
ish
Gove
rnm
ent
UK
Ship
pin
g
Crown Estate
- Ow ns 55% of the foreshore (between mean high and mean low water) and approximately
half of the beds of estuarial areas and tidal rivers in the United Kingdom. - Ow ns the seabed out to the 12 mile territorial limit, including the rights to explore and exploit
the natural resources of the UK continental shelf, excluding oil, gas and coal.- Leases of easement for pipelines and cables, offshore renewable energy developments.
- Royalties from the extraction of minerals, principally marine aggregates.
Parliament
House of Commons
House of Lords
National Maritime Museum
Harbour Authorities
Local Authorities
Executive Agencies
National Infrastructure Directorate
Executive Non-Departmental Public Bodies
- Independent body examining applications for nationally signif icant infrastructure projects
(NSIPs) e.g. large w ind farms >100MW, pow er stations etc. Issue development consents under the Planning Act 2008 (Localism Act 2011)
- National Planning Policy Framew ork- Planning Policy Guidance (PPGs)
- Marine Minerals Guidance Notes (MMGs)- Strategic Environmental Assessments (SEAs)
Local Government Bodies
Ministry of Defence (MOD)
UK Hydrographic Office
- Waterborne security of HM dockyards and HM naval bases
- Jurisdiction w ithin territorial w aters- Enforce legislation e.g. Port Orders and Merchant Shipping Act
Defence Science & Technology Lab
Oil and Pipelines Agency
MOD Police Marine Unit
- Provide hydrographic services for UK w aters as required under (SOLAS)
Trading Fund Agency
- Maritime technology e.g. ships & submarines
- Operation of the Government Pipeline and Storage System (GPSS)
Committee on Climate Change - Advises government on emissions targets and reports greenhouse gases
- Oil & gas licensing under Petroleum Act 1998- Renew able energy – w ave, tidal and w ind &
Safety Zones for >100MW w indfarms- Energy Act 2008 & 2010; and Climate Change Act 2008- National Policy Statements (NPS) on energy Secretary of States
Representative for Maritime
Salvage & Intervention(SOREP)
- Represent the DECC (in relation to offshore installations) & the DfT(in relation to ships) by
removing or reducing the risk to safety, property and the UK environment arising from accidents involving ships, f ixed or f loating platforms or sub-sea infrastructure.
HM Coastguard
- Shipping, marine safety & security, inland w aterways, navigation, ships registers,
transport national planning guidance (NPG)
Advisory Committees
Marine Energy Programme Board
Please refer to Defra diagram
UK
GO
VE
RN
ME
NT
- Partnership of the main Government Departments, the Devolved Administrations of
Scotland, Northern Ireland & Wales, the Environment Agencies & research bodies involved in funding and carrying out marine science in the UK. Co-ordination of marine
research & delivering the UK Marine Monitoring & Assessment Strategy (UKMMSS).
Marine Science Co-ordination Committee (MSCC)
Advisory Committee on Releases to the Environment (ACRE)
- Advice to UK Governments on the release & marketing of genetically modif ied organisms.
Department for Business Innovation & Skills (BIS)
UK Met Off ice
Food Standards Agency - Food safety and hygiene (e.g. chemical levels in shellf ish and fish)
Department for Culture, Media and Sport (DCMS)
English Heritage
- Protected w recks, protection of marine historic environment, map historic seascapes,
fund coastal & marine heritage research. (Although the UK has not ratif ied the UNESCO Convention on the Protection of the Underw ater Heritage, English Heritage follow
the Rules annexed to the Convention as representing best practice in marine underw ater archaeology projects).
Post ‘Brexit’:
Department for Business,
innovation and Skills
(BIS)
Department of Energy
and Climate Change
(DECC)
have now become:
Department for Business,
Energy and Industrial
Strategy
Springs or M ean High
Water
Regulatory Authorities (England)
Local Authority - Planning, Coast protection work
English Heritage (EH) - Protected wrecks; protection of marine historic environment out to 12nm
Natural England - Notifying SSSIs & Ramsar to LW; Advising on Marine Protected Areas (MPA) (including SACs & SPAs) out to 12nm and their conservation objectives
JNCC - Licenses & MPAs (MCZs & EMS) from 12nm to 200nm
Environment Agency (EA) - Flood risk; WFD to 1nm; Bathing waters; pollution; Licensing & water discharges to 3nm; salmon & trout fisheries to 6nm; Environmental permits to 12nm
Inshore Fisheries & Conservation Authority (IFCA) - Inshore fisheries & provision of byelaws out to 6nm
Marine Management Organisation (MMO) - Marine Conservation Zones; Marine planning; Marine licensing out to 12nm in England & offshore for UK (except Scotland) to 200nm; Fisheries to 200nm
Crown Estate - owns 55% of the foreshore and all seabed out to 12nm (and has sovereign rights of the UK seabed and its resources of the Continental Shelf)
Ministry of Defence (MoD) - Enforcement and hydrographic services
Department for Communities & Local Government (DCLG) (includes the Planning Inspectorate & Major Infrastructure Planning Unit) - EIA; SEA; nationally significant infrastructure projects (NSIPs) e.g. large wind farms >100MW etc
Department of Energy and Climate Change (DECC) - Oil & gas licensing; renewable energy
Department for Environment, Food and Rural Affairs (Defra) - Policy for coast and erosion risk; Fisheries; implementation of the MSFD
Department for Transport (DfT) - Shipping; navigation; Safety at sea; Maritime and Coastguard Agency
Legislation (English Law)
Town and Country Planning Act 1990
Localism Act 2011
National Heritage Act 2002
Wildlife and Countryside Act 1981 (as amended)
Conservation of Habitats and Species Regulations 2010 (subsequently amended) - SACs & SPAs
Offshore Marine Conservation (Natural Habitats,, &c.) Regs 2010
Water Environment (WFD) (England & Wales) Regs 2003
Bathing Water Regulations 2008
Urban Waste Water Treatment (Eng & Wales) (Amendment) Regs 2003 (coastal waters)
Land Drainage Act 1991 (Environment Agency and Local Authorities)
Water Resources Act 1991
The Environmental Permitting (England and Wales) Regulations 2010
Sea Fish (Conservation) Act 1967
Sea Fisheries (Shellfish) Act 1967
Sea Fisheries Act 1968 & Sea Fisheries Regulation Act 1966
Marine and Coastal Access Act 2009 - MCZs, Marine licensing, IFCA byelaws, offshore fisheries (replaces existing controls under Part II of the Coast Protection Act 1949 and Part II of the Food and Environment Protection Act 1985)
Merchant Shipping Act 1995
Planning Act 2008 - transport, water, waste & waste water projects out to 12nm; energy (within Renewable Energy Zone) out to 200nm (except Scotland); NSIPs
Electricity Act 1989 or Energy Act 2008 & 2010 & Climate Change Act 2008 - renewable energy
Petroleum Act 1998 - oil and gas licensing
Offshore Petroleum Activities (Conservation of Habitats) Regs 2001
Offshore Petroleum Production & Pipelines (Ass. of Env. Effects) Regs 1999
The Marine Strategy Regulations 2010 - Defra to ensure Good Environmental Status
Transport and Works Act 1992 - large scale projects & navigation
Coast Protection Act 1949 (as amended by Flood & Water Management Act 2010) - Coast Protection Authorities & Environment Agency to carry out works to protect land from erosion or encroachment by the sea
1 n
auti
cal
mile
3 n
auti
cal
mile
s
6 n
auti
cal
mile
s
12
nau
tica
l m
iles
(Ter
rito
rial
w
ater
s)
Mea
n L
ow
Wat
er (
inte
rnal
w
ater
s)
20
0 n
auti
cal
mile
sU
K W
ater
s
(Co
nti
nen
tal
Shel
f lim
it)
Governance - Responsibilities• The Regulator does not have to
demonstrate that a Developer will cause
a problem;
• The Developer has to demonstrate that
they will not cause a problem under the
precautionary principle;
• The Developer has to consider the effects
of their activities on wildlife, other users
and their own workers;
• Challenge – proving a negative is
statistically and practically almost
impossible.
Site designations (e.g. SSSI)
UWWTD
Bathing Waters
Nitrates
ProposedMSP Dir
Urban Waste Water
Treatment Regs
Sensitive area
Bathing beaches
Bathing Water Regs
Nitrate Vulnerable
Zones
Nitrate Pollution Prevention Regs
Good Chemical Status & Good
Ecological Status
Marine spatial planning &
coastal zone management
Pollution Prevention & Control Regs
Water Environmental (WFD) Regs
Licences, Consents &
Authorisations
Flood Risk & Hazard
Maps
Multimetric Indices
Programme of measures, qualitative descriptors,
ecosystem-based management approach, MPAs
(2)
Sea Fish Regulation
Act Sea Fisheries (Shellfish) Act
Salmon & Freshwater
Fisheries Act
?
Implementation method / Protection afforded
Enabling / Primary Legislation
Target / Status to be met
EC Directiv e or Strategy
(1) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.
Marine Strategy
Regs
Energy Act
?
International Law or Commitments
International Bodies &
Conv entions
Byelaws, Orders, gear and catch
restrictions
Sea Fish (Conservation) Act as amended
by the Sea
Fisheries (Wildlife Conserv ation) Act
Sustainable fisheries & safeguarding the marine environment
Renewable Energy
Renewables targets for
2020
Policy & Targets
UN CONV. on BIOLOGICAL DIVERSITY
UNCLOS
MARPOLSafer shipping
navigation, pollution control and operation
Various EU Regs to control
shipping & pollution from
ships
BERN CONV.
BONNCONV.
Endangered species
protection
Control of Trade in Endangered
Species (COTES) Regs
Enforcement
IPPC
Strategic Environmental Assessments to include transboundary effects
Environmental Assessment Regs
Licences, Consents &
Authorisations
Marine projects are subject to Environmental Impact
Assessment
Town & Country Planning (EIA)
Regs
Marine Works (EIA) Regs
Harbour Works (EIA) Regs
Waste Hierarchy &
Good Practice
Waste Regs
Environmental Standards
Waste FD
LONDON CONV. &
PROTOCOL
KEY
OSPAR, HELCOM,
UNEP-MAP, BUCHAREST
Reg. Seas Conv
Marine Notices -shipping, guidance
& information
BALLAST WATER CONV.
Prevention, management &
control of harmful aquatic organisms
& alien species
Basic Fish Regs
CFP
ICES
Favourable Conservation
Status
EU Strategy on
Invasive Alien Sp.
ProposedIAS Reg
Sets maximum acceptable
levels
Contaminants in Food Regs
Safe consumption
of fish & shellfish
Contaminants in Food Reg
WFD (1)
Env Liability
Prevention & remedy of
env. damage
Env. Damage (P&R) Regs
Polluter pays principle & remedial measures
FRMD
Flood Risk Assessment
Flood Risk Regs
Flood & Water Management Act
Flood & Coastal Erosion Risk Management
River Basin Management Plans,
Heavily Modified Water Bodies & Artificial
Water Bodies
MSFD
Various Regs to control
CITES fauna & flora
CITESHabitats &
Species
Natura 2000 sites
(SAC/SPA)Habitat & Species
Protection
Biodiversity & Species
Action Plans
Conservation of Habitats
and Species Regs
Offshore Marine
Conservation Regs
Reg 35 advice, Article 17 condition monitoring, Appropriate
Assessments (AA), Habitat Regulations Assessment (HRA) &
Likely Significant Effect (LSE)
Licences, Consents &
Authorisations
Marine planning (4)
Conservation / Biodiversity
protection (MCZ)
Coastal Recreation
Licences
Licences, Consents &
Authorisations
Licences, Consents &
Authorisations
H1 Method
UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)
KYOTO PROTOCOL
Harbours Act
Revision and Empowerment
Orders. Conservation duties on ports
Local Harbour Acts
Harbour & Works Licences
Merchant Shipping Regs
ESPOO CONV.
SEA
Applications for Nationally Significant Infrastructure Projects
(NSIPs) / Marine Licences
Planning Act (as amended)
Infrastructure Planning (EIA)
Regs
IMO
Protection of marine archaeology
National Heritage Act
Protection of Wrecks Act
Merchant Shipping Regs
Electricity Act
Climate Change Act
Conserv ing wider biodiversity
Ancient Monuments & Archaeological Areas
EIA
Licences, Consents &
Authorisations
Wild Birds
EU Biodiversity
Strategy
Wildlife & Countryside Act
(as amended)
NERC Act
EU Integrated Maritime Policy
Marine & Coastal
Access Act
Good Environmental
Status
Site designations - European Marine Sites (EMS) include SAC & SPA.
(RAMSAR sites designated under the RAMSAR Conv. should also be given same
management considerations as EMS)
RAMSAR CONV.
Management Plans &
Schemes
(2) The network of MPAs in England will consist of EMS/Natura 2000 (SACs & SPAs), SSSIs, Ramsar sites and MCZs
UNESCO Protection of Underwater
Cultural
Heritage (3)
INT. CONV. ON SALVAGE
Protection of Military Remains
Act
Marine archaeology
Council of Europe
Conventions on archaeology &
landscape
(3) The UK is not a signatory to this Convention however a number of public statements have been produced that confirm its endorsement of the rules in its Annex
All regulated activities in the English marine environment consider UK marine policy drivers such as the UK High Level Marine Objectives 2009, the UK Marine Policy Statement (4) and various National Policy Statements
Licences, Consents &
Authorisations
International
law &
conventions
(orange) and
bodies (blue)
MSP Dir
EU
Biodiversity
Strategy
Site designations
(e.g. SSSI)
Marine spatial
planning
Marine
Strategy
Regs
Endangered
species
protection
Favourable
Conservation
Status
Env
Liability
MSFD
Habitats &
Species
Natura
2000 sites
(SAC/SPA)
Habitat &
Species
Protection
Biodiversity
& Species
Action Plans
Conservation
of Habitats
and Species
Regs
Offshore
Marine
Conservation
Regs
Licences,
Consents &
AuthorisationsMarine
planning (3)Conservation
/ Biodiversity
protection
(MCZ)
Coastal
Recreation
Licences
Conserving wider
biodiversity
Wild
Birds
Wildlife &
Countryside
Act
NERC
Act
EU
Integrated
Maritime
Policy
Good
Environmental
Status
Marine &
Coastal
Access Act
Nature
Protection and
Maritime
Spatial
Planning –
Obligations for
Industry
Bathing
Waters
UWWTD
Nitrates
Urban Waste
Water
Treatment
Regs
Sensitive
area
Bathing
beaches
Bathing
Water Regs
Nitrate
Vulnerable
Zones
Nitrate Pollution
Prevention Regs
Pollution
Prevention &
Control Regs
Energy Act
Renewable
Energy
Renewables
targets for
2020
Policy &
Targets
IPPC
Waste Regs
Environmental
Standards
Waste
FD
Electricity Act
Climate Change Act
Pollution
control, energy
including
renewables
Convergent or
Duplicated
Guidance?
Presumption
of removal
DAPSI(W)R(M)
for offshore
structures:
Drivers
Activities
Pressures
State change
Impact (on
Welfare)
Responses
(using Measures)
(Smyth et al, 2015;
Scharin et al, 2015;
Smith et al, 2016)
IMO Guidance (para 3.5): ‘‘where entire removal would involve an
unacceptable risk to the marine environment, the coastal State may
determine that it need not be fully removed’’.
OSPAR OWF Guidance: if the ‘‘competent national authority decides
that a component of the wind farm should remain at site (e.g. parts of
the piles in the sea-bed, scour protection materials), it should be
ensured that they have no adverse impact on the environment, the
safety of navigation and other uses of the sea’’ (para 93).
IMO Guidelines aim to ensure that ‘‘the means of removal or partial
removal should not cause a significant adverse effect on living
resources of the marine environment, especially threatened and
endangered species’’.
Conflicting or Supporting Guidance?
Habitats and Species Directive
• Produce a coherent European ecological network of protected sites,
through:
– Special Areas of Conservation (SACs) for Annex I Habitats and
Annex II Species.
• Also to be applied to Special Protection Areas (SPAs) created by the
Wild Birds Directive.
• SACs and SPAs create the Natura 2000 network (Article 3). Habitats
and species to be maintained at, or restored to, a Favourable
Conservation Status. Appropriate Assessment needed for a plan or
project.
SEA Directive 2001/42/EC
An SEA is mandatory for plans/programmes which
are:
• are prepared for agriculture, forestry, fisheries,
energy, industry, transport, waste/ water
management, telecommunications, tourism, town &
country planning or land use
• AND
• which set the framework for future development
consent of projects listed in the EIA Directive.
• OR
• have been determined to require an assessment
under the Habitats Directive.
The ecosystem-based approach
‘A comprehensive integrated management of human activities based on the best
available scientific knowledge about the ecosystem and its dynamics, in order to identify
and take action on influences which are critical to the health of the marine ecosystems,
thereby achieving sustainable use of ecosystem goods and services and maintenance of
ecosystem integrity.’
Biodiversity Fishing Foodwebs
Seafloorintegrity
Hydrography Pollution Litter
The Marine Strategy Framework Directive
• In 2014, MSPD (2014/89/EU) was adopted but without
Integrated Coastal Management in its title.
• It aims to:
• ensure a European coordinated approach to MSP;
• enable the efficient and smooth application of MSP in
cross-border marine areas;
• to favour the development of maritime activities, and
• the protection of the marine environment based on a
common framework
• Member States to transpose the directive into national
legislation by 2016, with national marine plans developed
by 2021
Maritime Spatial Planning Directive
MSPD for Blue Growth
cf.
MSFD for Environmental Status
Site designations (e.g. SSSI)
UWWTD
Bathing Waters
Nitrates
MSP Dir
Urban Waste Water
Treatment Regs
Sensitive area
Bathing beaches
Bathing Water Regs
Nitrate Vulnerable
Zones
Nitrate Pollution Prevention Regs
Good Chemical Status & Good
Ecological Status
Marine spatial planning
Pollution Prevention & Control Regs
Water Environmental (WFD) Regs
Sea Fisheries (Shellfish) Act
Salmon & Freshwater Fisheries
Act
Implementation method / Protection afforded
Enabling / Primary Legislation enacted through
the Ruropan Communities Act
1972
Target / Status to be met
EC Directiv e or Strategy
(1) In 2013 the WFD replaced the Dangerous Sub. Dir.; Freshwater Fish Dir.; Shellfish Waters Dir. & Groundwater Dir.
Marine Strategy
Regs
Energy Act
?
International Law or Commitments
International Bodies &
Conv entions
Byelaws, Orders, gear and catch
restrictions
Sea Fish (Conservation)
Act
Sustainable fisheries & safeguarding the marine environment
Renewable Energy
Renewables targets for
2020
Policy & Targets
UN CONV. on BIOLOGICAL DIVERSITY
UNCLOS
MARPOLSafer shipping
navigation, pollution control and operation
Various EU Regs to control
shipping & pollution from
ships
BERN CONV.
BONNCONV.
Endangered species
protection
Control of Trade in Endangered
Species (COTES) Regs
IPPC
Strategic Environmental Assessments to include transboundary effects
Environmental Assessment Regs
Marine projects are subject to Environmental Impact
Assessment
Town & Country Planning (EIA)
Regs
Marine Works (EIA) Regs
Harbour Works (EIA) Regs
Waste Regs
Environmental Standards
Waste FD
LONDON CONV. &
PROTOCOL
KEY
OSPAR, HELCOM,
UNEP-MAP, BUCHAREST
Reg. Seas Conv
BALLAST WATER CONV.
Prevention, management &
control of harmful aquatic organisms
& alien species
Basic Fish Regs
CFP
ICES
Favourable Conservation
Status
EU Strategy on
Invasive Alien Sp.
ProposedIAS Reg
Contaminants in Food Regs
Safe consumption of fish & shellfish
Contaminants in Food Reg
WFD (1)
Env Liability
Prevention & remedy of
env. damage
Env. Damage (P&R) Regs
FRMD
Flood Risk Assessment
Flood Risk Regs
Flood & Water Management Act
MSFD
Various Regs to control
CITES fauna & flora
CITESHabitats &
Species
Natura 2000 sites
(SAC/SPA)Habitat & Species
Protection
Biodiversity & Species
Action Plans
Conservation of Habitats
and Species Regs
Offshore Marine
Conservation Regs
Licences, Consents &
Authorisations
Marine planning (3)
Conservation / Biodiversity
protection (MCZ)
Coastal Recreation
Licences
UN FRAMEWORK CONV. ON CLIMATE CHANGE (UNFCCC)
KYOTO PROTOCOL
Harbours Act
Revision and Empowerment
Orders. Conservation duties on ports
Local Harbour Acts
Harbour & Works Licences
Merchant Shipping Regs
ESPOO CONV.
SEA
Applications for Nationally Significant Infrastructure Projects (NSIPs) /
National Policy Statements / Marine Licences
Planning Act (as amended)
Infrastructure Planning (EIA)
Regs
IMO
Protection of marine archaeology
National Heritage Act
Protection of Wrecks Act
Merchant Shipping Regs
Electricity Act
Climate Change Act
Conserv ing wider biodiversity
Ancient Monuments & Archaeological Areas Act
EIA
Wild Birds
EU Biodiversity
Strategy
Wildlife & Countryside Act
(as amended)
NERC Act
EU Integrated Maritime Policy
Good Environmental
Status
RAMSAR CONV.
UNESCO Protection of Underwater
Cultural
Heritage (2)
INT. CONV. ON SALVAGE
Protection of Military
Remains Act
Marine archaeology
Council of Europe
Conventions on archaeology &
landscape
(2) The UK is not a signatory to this Convention however a number of public statements have been produced that confirm its endorsement of the rules in its Annex
All regulated activities in the English marine environment consider UK marine policy drivers such as the UK High Level Marine Objectives 2009, the UK Marine Policy Statement (3) and various National Policy Statements
? (4)
Marine & Coastal
Access Act
Flood and Coastal Erosion Risk Management
Fisheres Act
UK Primary Act of Parliament
(4) The newly adopted MSP Directive will have to be transposed into UK legisiation by September 2016
Final Thoughts –
• Decommissioning becomes a plan or project under
the Natura 2000 Directives;
• Most laws and agreements have derogations for
factors outside your control (force majeure) – this
may include climate change;
• Need to consider the logic of an area having
developed a new equilibrium due to a structure in
place then being required to be changed thus
disturbing that equilibrium;
• Need to consider the effects of decommissioning
on Good Ecological and Chemical Status (WFD),
Good Environmental Status (MSFD) and
Favourable Conservation Status (Natura 2000
Directives);
Final Thoughts (cont.) –
• Need for a rational assessment of
decommissioning options based on recent
science;
• Need for re-evaluation of previous guidelines in
the light of changes to the legislation;
• Need to consider decommissioning against all
uses and users, and especially MSFD vs. MSPD;
• Irrespective of Brexit, transboundary changes
have to be considered;
• Brexit could tie-up governance discussions for
years!
