A Northern Ireland Marine Bill Policy ProposalsSummary of Consultation ResponsesOctober 2010IntroductionBackground1. On 13 April, the Department published a consultation paper, A Northern Ireland Marine Bill Policy Proposals, seeking views on the policy proposals for the Northern Ireland Marine Bill. The full text of the consultation paper is available on the Departments website at: www.doeni.gov.uk/index/protect_the_environment/water.htm.2. The proposed NI Marine Bill will establish a framework for our seas based on a new system of marine planning; a further streamlining of marine licensing in addition to the improvements already provided for in the Marine and Coastal Access Act 2009 (the UK Act), which extends to Northern Ireland; and provisions for Marine Conservation Zones which, once designated, can protect a wide range of species and habitats. The proposed NI Marine Bill in combination with the UK Act and the UK-wide Marine Strategy Regulations 2010 will deliver a new management and legislative programme for our seas. 3. In parallel, work is continuing at UK-level to agree a Marine Policy Statement (MPS), required under the UK Act, to provide the over-arching policy framework for preparing marine plans and taking decisions that effect the marine environment. A UK-wide consultation exercise on the MPS closed on 13 October 2010 and responses are under consideration. 4. In addition, the NI subordinate legislation flowing from the UK Act will introduce a new marine licensing regime which will replace Part 2 of the Food and Environment Protection Act 1985. The new regime should serve both to provide certainty and transparency to industry (such as the renewable energy sector), and to encourage investment in marine activities in Northern Ireland. This new regime is also subject to a consultation exercise which will close on 3 November 2010.5. The proposed NI Marine Bill will provide the final piece of NIs marine programme ensuring that NI will be well placed to benefit socially, economically and environmentally from the resources that its seas have to offer. The Bill will play a key role in ensuring that an integrated, coherent marine plan is in place in 2014. The Department of the Environment, as the marine plan authority, will work with other Departments with marine functions to consider how marine resources can best be managed in order to achieve sustainable development objectives within NI. The marine plan will identify areas of constraint and locations where a range of activities may be accommodated. 6. The Bill will fulfil the Executives commitment to achieving the vision of “clean, healthy, safe, productive and biologically diverse oceans and seas”. Consultation Responses7. The consultation period on the NI Marine Bill Policy Proposals ran from 13th April until 9th July. 8. Forty two written responses were received. Of these, thirty seven were substantive. A summary of respondents comments, along with the Departments response to the specific points raised is provided in Annex A. A list of all respondents is attached at Annex B.9. No comments were received on the outline Regulatory Impact Assessment (RIA) or preliminary screening for Equality Impact contained in the consultation paper.10. All the respondents were supportive of the proposals to put in place a new legislative and management framework incorporating marine planning, further streamlining of licensing and improvements to marine nature conservation. The proposals to establish a marine programme founded on the principles of sustainable development, better regulation and modern Government were welcomed as a means of providing greater clarity and consistency in marine issues.11. A number of issues emerged and the following paragraph provides more detail with a brief summary of the Departments response. The issues are grouped under the general headings of marine planning, marine licensing and marine nature conservation. 12. Marine Planning(i) A robust interface between the Marine Plan and terrestrial Development Plans and that the concept of Integrated Coastal Zone Management (ICZM) should be taken into account. The Bill provides for this by ensuring that the Department, as Marine Plan Authority, will develop a Marine Plan which is compatible with terrestrial Development Plans. Marine Licensing(ii) Respondents voiced a preference for the establishment of a simple, flexible and inclusive licensing regime. The Department has already taken this into account as the NI Marine Bill will create a more effective, streamlined and transparent system to provide a clearer, simpler approach for developers and operators. The new licensing and planning systems will require widespread stakeholder involvement including the participation of local interests. Marine Nature Conservation(iii) A number of respondents also raised the objective development, selection and designation of Marine Conservation Zones (MCZs) as a critical factor. The Department has taken this into account and will consider the economic, social and environmental aspects prior to identifying and designating an MCZ. The designation of MCZs will be subject to consultation and agreement of all Departments prior to seeking Secretary of State approval. 3ANNEX AIssueRaised byDepartmental ResponseMarine PlanningRespondents requested a robust interface between management of the land and sea.BHC,CI,CNCC,EB,E.ON,ESBI,HMRC,IFSA,MCNI,NT,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UWT,WHA The Department, as Marine Plan Authority, will develop a robust interface with terrestrial planning and ensure compatibility with other plans.Respondents asked for further information on the process for developing local plansBHC,CI,CNCC,CG,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NT,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UAF,UWT,WHA The identification of local plans will follow a similar process to that set out in the Bill for regional plans.Respondents asked for widespread stakeholder involvement in the planning process. BHC,CCGHT,CI,CNCC,DD,MEP,CG,EB,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NAWSSFA,NCLFA,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UAF,UWT,WHA The Department will use the expertise and knowledge of a wide range of users of the marine environment including the expertise of our fishermen at the earliest possible opportunity as the marine plan progresses.Respondents sought clarification on whether or not Marine Planning Partnerships will be set up in NI.BHC,CCGHT,CI,CNCC,CG,EB,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UWT,WHA The Marine Plan Authority will consider methods for engaging fully with various interests as part of the marine plan process especially at the land/sea interface.Respondents recommended a pro-active approach to co-operation in cross-border areas on a range of protections and activities, particularly on offshore renewable energy projects in border areas.The Department is committed to a close working relationship with the other UK Administrations and the NI Marine Bill will outline the steps to achieve compatibility between marine plans that are adjacent to each other. It will also maintain a consistency of approach where our waters abut those of the Republic of Ireland. The development of a marine plan will be consistent and integrated with other plans.Respondents want a planning process that is inclusive, transparent and accessible. The development of a marine plan is dependent on stakeholder involvement and will be subject to public consultation. The marine plan will ensure that a strategic view is taken of all of the concerns/recommendations made and will contribute to the effective management of marine activities. The NI Marine Bill will provide the framework for consistent, sustainable and evidence-based decision-making.Respondents stated that unregulated activities should have regard to marine plans.Noted. It is the intention to outline the use of bye-laws for the protection of MCZs in the NI Marine Bill similar to the provisions in the Marine and Coastal Access Act.Marine LicensingSome respondents requested the inclusion of all activities in the licensing regime whilst others expressly opposed inclusion.BHC,CNCC,DD,MEP,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NT,NIBG,NICMF,NIMTF,RUK,SSER,Sf,SLMAC,WHA The aquaculture and fishing sectors are subject to a separate licensing regime administered by DARD. The UK Act enables the licensing authority to exempt certain activities from the licensing regime and a consultation exercise is currently underway covering this in more detail. The new licensing system will introduce a new appeals procedure, new civil sanctions in the form of fixed and variable penalties, and a revised list of exempt activities. The proposed NI Marine Bill may also provide for specific exemptions and/or special procedures relevant to NI.Respondents recommended that the licensing system should be flexible enough to respond to new information and conditions, in order to support the innovation process.The Department will ensure widespread stakeholder involvement in the development of a new licensing regime. Consideration is being given to flexible fees for non-standard activities and will be subject to a separate consultation exercise.Respondents made a number of comments about the use and importance of science and technology in decision-making. BHC,CNCC,E.ON,ESBI,HMRC,MCNI,NT,Sf The Marine Plan Authority will use a variety of sources of information to establish the evidence base and inform the decision making process including the State of the Seas report, being carried out by NIEA, which will provide important information about NIs seas and Charting Progress 2 which provides an assessment of the productivity of our seas, and the extent to which human uses and natural pressures are affecting their quality. The Authority will also make use of various tools such as GIS, maps and research and will include stakeholder knowledge, policy statements and guidance.Respondents raised concerns regarding the potential siting of renewable energy projects to the detriment of any fragile local infrastructure.RM,NCLFA,UAF The Department is committed to using the knowledge, experience and data available from a wide range of sources. The proposed NI Marine Plan will create a framework for consistent, evidence-based decision making. DETI is responsible for renewable energy projects and the Department advises on environmental issues relating to projects.Some respondents recommended that activities which have potential to secure long term economic benefits should have precedence over sustainably developing the marine environment. Others believe environmental interests should have precedence.BHC,CCGHT,CI,CNCC,CG,E.ON,ESBI,HMRC,IFSA,LBC,MCNI,NT,NCLFA,NIBG,NICMF,NIMTF,AC,QPA,RUK,RA,SSER,Sf,SLMAC,UWT,WHA Sustainable development is about integrating economic, social and environmental factors. The fundamental basis of this legislation and the MPS is the sustainable development of the marine environment. Work has already commenced on the first stage of the marine planning process i.e. the Marine Policy Statement (MPS). The MPS will provide the over-arching framework for preparing marine plans and taking decisions that affect the marine environment and a UK-wide consultation exercise closed on 13 October 2010. The MPS will guide and enable the delivery of social, economic and environmental benefits through the marine planning process and marine licensing decisions. The Marine & Coastal Access Act 2009 provides powers to introduce a new system of marine licensing which is clear, proportionate and enforceable.Respondents sought simplification of the licensing process to ensure a clear and practical understanding and to ensure appropriate regulation, enforced by an authority with adequate powers and resources.BHC,CNCC,E.ON,ESBI,HMRC,IFSA,MCNI,NT,RUK,RA,SSER,Sf The Department, as Marine Plan Authority, is also keen to ensure that the licensing regime is simplified and further engagement will be encouraged to ensure that duplication is omitted, where possible.Respondents believe that the methods of collection, presentation and storage of data should be consistent; accessible to all; and storage and retrieval systems should be user friendly to reduce the cost of applications. They recommended that the Department should develop guidance or codes of conduct; allowing access to technical assistance; andE.ON,HMRC,RUK The Bill will create a more effective, streamlined and transparent system and together with marine planning the new system will provide a clearer, simpler approach for developers and operators. The Department, as Marine Plan Authority, will take forward the development of guidance and will engage with stakeholders throughout the process. that the Department should promote self regulation.HMRC The NIEA is adopting a more risk-based approach to regulation which recognises good performance and practice in determining the type of authorisation and level of inspections required. This is supported by additional practical guidance and compliance tools.Respondents recommended that adequate resources are made available for enforcement and that penalties are proportionate to the seriousness of the breach reflecting the difference in approach between operators who inadvertently commit an offence, persistent offenders and/or those who commit serious breaches.BHC,CCGHT,CNCC,EB,E.ON,HMRC,IFSA,MCNI,NT,NIBG,NIMTF,RUK,Sf,SLMAC The Department, as Marine Plan Authority, will appoint Marine Enforcement Officers (MEOs) for NIs inshore region and the Marine Management Organisation will appoint MEOs for the offshore region. The Marine and Coastal Access Act 2009 modernised enforcement powers in respect of marine activities and introduces a wider range of tools for enforcement in order to provide a more proportionate response to offences. Marine Nature ConservationRespondents requested flexibility in the development, selection and designation of MCZs. Environmental interests were keen to ensure that social and economic factors do not compromise the identification of MCZs on an ecological basis. However, industry on the other hand is keen to ensure that MCZs do not become no-go areas for industry.BHC,CCGHT,CE,CI,CNCC,CG,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NT,NCLFA,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UAF,UWT,WHA The Bill will provide the tools to designate and protect Marine Conservation Zones (MCZs) and these will provide protection to areas important for the conservation of rare, threatened and representative habitats and species. The tools will be used in conjunction with other conservation tools, including fisheries and licensing tools. The Bill will outline the requirement that the Department must have regard to any economic or social consequence of designating the MCZ. Where an agreed MCZ lies beyond 6nm and it is proposed to restrict fishing within the site the agreement of the European Commission would be sought through DARD.Respondents sought assurance that adoption of MCZs will be in a pragmatic and proportionate manner and will not limit the potential of renewable energy development. The Department will consult all relevant stakeholders prior to the designation of MCZs. The designation will require the agreement of all Departments and the Executive, prior to seeking the approval of the Secretary of State. Respondents believe that new legislation should place a duty on DOE to identify and designate an ecologically coherent network within a specific timetable and set out reporting requirements. EB,NIMTF,UWT MCZs together with other European Natura 2000 sites will fulfil our commitment to have an ecologically coherent network of well managed Marine Protected Areas (MPAs) in place by 2020. It is anticipated that MCZs will also contribute to our European commitment to achieving Good Environmental Status through the UK wide Marine Strategy Regulations 2010 which transposed the Marine Strategy Framework Directive (MSFD). The NI Marine Bill will contain a duty to create an ecologically coherent network to fulfil our UK obligation.Respondents requested clarification on the mechanism for designating MCZsCCGHT,NIMF,UWT Each MCZ will be designated by order and each designation order will set out its conservation objectives based on best available science, expert knowledge and advice This will effectively determine the extent of the site, what is being protected and the level of protection. In most cases conservation objectives will result in few restrictions on activities that may take place. However, there will be scope to set more stringent restrictions where the value of the site and its conservation objectives merit them. There may be a number of sites within the network. The designation of MCZs will be subject to consultation and agreement of all Departments prior to seeking Secretary of State approval.Respondents stated that MCZs must offer new, additional or more comprehensive protection than current Marine Nature Reserves and there should be no time gap between the removal of MNR status and the application of its replacement. The selection of MCZs should cause minimal adverse social and economic impact to the fishing industry. BHC,CCGHT,CNCC,ESBI,IFSA,NT,NIBG,NICMF,NIMTF,RUK,SSER,UWT The Bill will allow MCZs to be given the appropriate level of protection, without the need for sites to be categorised as either more-highly or less-highly protected. Such a distinction would overlook the fact that levels of restriction might change over time, seasonally or from one part of a site to another. Following the introduction of the new regime for designating MCZs, no further marine nature reserves will be designated.Industrial respondents, in particular fishermen, requested extensive communication and involvement with the process. The Department was encouraged to promote initiatives with industry to safeguard marine biodiversity.IFSA,MCNI,NFFO,NAWSSFA,NCLFA,Sf The Bill will stipulate that the Department will consult any persons who it thinks is likely to be interested in, or affected by, making a designation order. All interests including fishermen will be encouraged to participate. The Department must also notify other UK and RoI administrations of any proposals to formally recognise a MCZ and consult those administrations. All MCZs will require the agreement of all Departments and the Executive before formal approval of the Secretary of State is sought. A respondent expressed concern about the lack of a de-designation mechanism.Sf Provision will be made in the NI Marine Bill to allow an order formally recognising an MCZ to be amended or revoked by another order and this will also be subject to consultation.Respondents suggested that bye-laws should be used to monitor and control activities, especially any activity, likely to cause significant harm in MCZs and there should be mandatory codes of practice. Also it was suggested that bye-laws should be extended to unlicensed activities. Any bye-law should be consistent with neighbouring bye-laws created under the Harbours Act. BHC,CNCC,CG,E.ON,ESBI,MCNI,NT,NIBG,NIMTF,QPA,RUK,Sf,SLMAC,WHA The UK Act outlines the use of bye-laws for the protection of MCZs and it is the intention that similar provisions will be included in the NI Marine Bill for unlicensed activities. Any bye-law will be subject to a public consultation exercise and must be confirmed by the Secretary of State before coming into operation. Respondents asked that the NI Bill