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by Munro Research

Marine and Coastal Access


Official Summary

A Bill to make provision in relation to marine functions and activities; to make provision about migratory and freshwater fish; to make provision for and in connection with the establishment of an English coastal walking route and of rights of access to land near the English coast; to enable the making of Assembly Measures in relation to Welsh coastal routes for recreational journeys and rights of access to land near the Welsh coast; to make further provision in relation to Natural England and the Countryside Council of Wales; to make provision in relation to works which are detrimental to navigation; to amend the Harbours Act 1964; and for connected purposes.

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Overview

The Marine and Coastal Access Act 2009 created the Marine Management Organisation (MMO) to manage and regulate activities in the UK's marine environment. It also established a framework for marine planning, licensing, nature conservation (including Marine Conservation Zones), and coastal access, aiming for sustainable development.

Description

The Act established the MMO, a body corporate responsible for various marine functions previously held by government departments. These functions include licensing fishing boats, regulating trans-shipment of fish, issuing licenses to kill seals, granting consents for generating stations and renewable energy installations, and managing safety zones. The MMO is tasked with managing activities to contribute to sustainable development, considering scientific and other relevant evidence.

The Act introduced a comprehensive marine licensing regime for activities like depositing substances or objects in the sea, dredging, constructing marine works, and using explosives. It sets out application procedures, licensing conditions, appeals processes, and enforcement mechanisms, including civil and criminal sanctions.

It established a system for creating a network of Marine Conservation Zones (MCZs) to protect marine flora, fauna, and habitats, along with general duties for public authorities to consider the conservation objectives of MCZs when making decisions. The Act also includes provisions for byelaws and orders to protect MCZs.

The Act created Inshore Fisheries and Conservation Authorities (IFCAs) to manage inshore fisheries sustainably, balancing economic and social benefits with environmental protection. IFCAs have the power to make byelaws.

Finally, the Act created a coastal access duty to establish an English coastal walking route and public access to land near the coast.

Government Spending

The Act allows for government grants to the MMO and borrowing powers for the MMO, with a limit of £20 million (subject to amendment). The Act also allows for government loans and guarantees to support the MMO's activities, requiring reporting to Parliament on any sums lent or paid out.

Groups affected

  • Marine industries: Businesses involved in fishing, dredging, energy production, and other marine activities will be affected by the licensing and regulatory framework. They will face new licensing requirements and potential penalties for non-compliance.
  • Environmental groups: The Act's provisions for marine planning, MCZs, and sustainable development will affect environmental groups. They are expected to benefit from the enhanced protection of marine environments.
  • Local authorities: Local authorities will be involved in marine planning, and some will be designated as marine plan authorities. Some coastal local authorities may also be responsible for aspects of coastal access.
  • Fishing communities: The establishment of IFCAs aims to better represent the interests of fishing communities, but the sustainable development goals may necessitate changes in fishing practices.
  • Public: The public will benefit from enhanced coastal access, as well as the broader aim of improved marine environmental protection.
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