The UK Government has announced the next step in the process that will eventually lead to a Marine Bill. The White Paper, A Sea Change, sets out the Government's plans for the marine environment. There are 5 key proposals in the White Paper:
1. Strengthening fisheries and environmental management arrangements. This will enable more effective action to be taken to conserve marine ecosystems and help achieve a sustainable and profitable fisheries sector. Amongst other recommendations, there will be a move towards modernising sea fisheries committees in England.
RICS believe that the Government should work towards compatibility with the licensing regimes of key strategic marine industries including the Sea Fisheries Committees.
2. To set up a new Marine Management Organisation (MMO). This will aim to achieve integrated management of the seas. This will combine and unify the delivery of many of the marine functions of the UK Government and Northern Ireland administration within a single independent body.
RICS believe that this is a good idea but MMOs must be appropriately resourced, accountable, objective and able to assist all sections of the community. English Nature are not the right body to operate any MMO as they would not effect a balanced approach.
3. Establishment of a strategic marine planning system. This will clarify marine objectives and priorities for the future, and direct decision-makers and users. There will be a UK marine policy statement and a series of marine plans.
RICS support this but it must be compatible with the licensing regimes of key strategic marine industries such as energy and infrastructure, shipping, oil and gas, and fisheries. Standard points of cost, resources and engagement with key players apply.
4. Changes to the marine licensing system are likely to be more consistency over decisions, decisions made more quickly, integrated delivery across a range of sectors (i.e. a ‘one stop shop’).
RICS support moves to streamline the framework for licensing and permitting applications and would like to see this put in statute. We specifically called for a ‘one stop shop’ in order to reduce the regulatory burden on business. Flexibility to consider emerging trends in the marine environment will be essential.
5. New tools for conservation of marine wildlife. This will consist of new powers for designating Marine Conservation Zones, new by-law-making powers to control currently unregulated damaging activities, and improved enforcement measures.
RICS believe that a balance must be struck between business and conservation. Landowners are crucial in delivering sustainable development objectives in the coastal zone. Any attempts to improve marine nature conservation should take into account the property rights of those abutting these areas.
The original consultation
RICS made a submission to UK government's original consultation on the draft Marine Bill which will introduce a new framework for the seas, based on marine spatial planning, that balances conservation, energy and resource needs.
The Government believes that the arrangements in place for managing marine activities and protecting marine wildlife and the environment are complex, confusing and costly.
New activities, changes in technology and a greater understanding of the seas and the way we affect them have also exposed gaps and limitations in the system.
RICS view
We have concerns about whether the proposals currently outlined are a full consultative draft or if they should be viewed as a statement of intent.
In their current form the proposals do not meet the aims of the department and contain ambiguities over the Government’s intent. In particular there are question marks over the strategic direction in which the Government is trying to move and how this will be achieved.
The role of the Integrated Coastal Zone Management process and the benefits it may bring are important to marrying the marine environment with the terrestrial.
The interface between land and sea should be addressed as soon as possible, rather than postponing it until an undefined point in the future and the considerations arising from Defra’s own consultation on promoting an ICZM should be incorporated.
There should be engagement with coastal communities and the Government should fully consider the role and activities they undertake.
The relationship of these communities with the marine environment means that there are clear economic justifications for this and for making reference to economic drivers such as tourism. Currently, the proposals do not fully address this issue, despite the existence of the Marine Spatial Planning Pilot.
Although we support the aim of reducing bureaucracy, we believe there is still uncertainty over the impact of the proposals on landowners, who are critical in the delivery of economic, social and environmental objectives in the coastal zone.
The Crown Estate apart, there are many companies and individuals with private property rights in the marine area and these should not be overlooked.
The Government should be clearer on how the proposals for the Marine Bill will impact upon its international and European obligations. Going forward, there is scope to position the UK at the forefront of promoting a pan-European marine planning policy, particularly in relation to the energy sector.
A Marine Spatial Planning (MSP) framework should be drawn up to co-ordinate related plans and decision-making processes (i.e. Shoreline Management Plans) being mindful of business investment decision making, on both land and sea.
A target should be set for incorporating new technology in mapping, data collection and Geographical Information Systems (GIS) into Government activities.
The work of organisations such as UK Hydrographic Office should be built upon and partnerships should be encouraged with other organisations. Consideration should also be given to extending and developing a wider use of web based portals (e.g. the planning portal).
The Marine Spatial Planning (MSP) process should be the focus for data collection and research, as the land and marine spatial planning systems are likely to be integrated through information exchange.
Consideration should be given to the marine environment in the dimensions of latitude, longitude, depth, air space, time and weather as two-dimensional zoned maps are unable to reflect the complexity of the situation.
There is a need to work towards compatibility with licensing regimes allied to strategic marine industries encompassing energy and infrastructure, shipping, oil and gas, and fisheries. By adopting this approach, industry organisations which may be adversely affected by a new management system, such as the Sea Fisheries Committees, could be included in any consultation.
Marine Management Organisations (MMOs) should be appropriately resourced. The potential to establish such an organisation is fine in theory and may work where there is a genuinely national task to be undertaken.
However, the Government must ensure that such an organisation is accountable and objective and able to assist all sections of the community, as well as ensuring that it is staffed by people with appropriate skills and training.
Decisions should be taken at the appropriate level and local government should not be involved with decisions on energy, telecommunications and aggregate extraction beyond the 12 mile limit. Neither should their land use planning remit to the low water mark be extended offshore.
However, for many matters in the coastal zone, the local level may be appropriate and should be encouraged through appropriate forums including partnership working such as coastal zone management.
The full response can be found in the Word downloads box on the right of the page.
