Reform of Licensing for Marine Works: Improvement and Clarification Under the Marine and Coastal Access Bill 2008

Abstract

Important legislative change is underway in the marine environment. In relation to the licensing of activities which are carried out in this zone the need for change is significant for many interested sectors such as: energy generation; the extractive industries; port and harbour developments; fisheries; and bodies involved with the conservation of both natural and archaeological/cultural resources. This article considers the main aspects of the existing legislative situation in relation to marine licensing and then goes on to describe and evaluate the proposed new system to be substituted through the Marine and Coastal Access Bill (the Bill). In order to provide some basis for evaluation, the protection of underwater cultural heritage (UCH) provides a backdrop against which to assess the developments. The means by which interventions in the marine environment are currently regulated are complex, in some situations overlapping, and in others questionable as to the overall coherence of their regulatory effects. Parties which might be considered to be ‘interested’ are often excluded from formal deliberations, guidance is patchy, although proliferating, and voluntary agreements (BMAPA 2003; COWRIE 2007) on best practice within sectors have been developed in the absence of official provision—while these are undoubtedly useful, they lack the rigour of systematic legislative underpinning, which it is hoped that the Bill will address.