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) and established a new framework for managing marine activities, including fishing, marine licensing, and nature conservation. It also introduced a new coastal access duty, aiming to create a continuous walking route along the English coast.
Description
Establishment of the MMO:
The act established the MMO as a body corporate, responsible for managing and regulating activities in the UK marine area (excluding the Scottish inshore region).
Transfer of Functions:
Many existing functions related to marine management, previously held by the Secretary of State and other government bodies, were transferred to the MMO. These functions covered aspects of fishing licensing, nature conservation (e.g., seal licenses), and consenting for energy installations.
Marine Planning:
The act introduced a system of marine policy statements (MPS) and marine plans to guide sustainable development in the UK marine area. These plans must be prepared and adopted following a specific process including public consultation.
Marine Licensing:
A new marine licensing regime was implemented requiring licenses for a range of activities impacting the UK marine environment (excluding the Scottish inshore region). The act detailed application procedures, conditions that may be attached to licenses, and enforcement mechanisms, including civil and criminal penalties.
Nature Conservation:
The act created the framework for establishing marine conservation zones (MCZs), specifying designation processes, conservation objectives, and enforcement actions to protect designated areas.
Coastal Access:
A coastal access duty was placed on Natural England and the Secretary of State to create a continuous walking route along the English coast, making a coastal margin accessible to the public.
Government Spending
The act authorized government grants and loans to the MMO, with a borrowing limit initially set at £20 million, potentially increasing to £80 million. The exact government expenditure wasn't specified but would cover the MMO's establishment and operation, including grants, loans, and guarantees.
Groups Affected
- Fishing Industry: The new fishing licensing and management schemes would directly affect fishing boat operators and potentially change fishing practices.
- Renewable Energy Sector: Companies involved in the construction and operation of renewable energy installations would be affected by the MMO's consenting process.
- Marine Development and Industry: Any activity involving marine deposits, dredging, construction, or other licensable activities within the MMO's area would need a licence.
- Environmental Groups and Conservationists: MCZs offer enhanced protection for marine ecosystems and the new planning system aims to promote sustainable development.
- Coastal Communities: The coastal access provisions aimed to benefit the public through improved access and recreation opportunities.
- Government Bodies: Significant responsibilities were transferred to the MMO, requiring changes in departmental functions and budgets.
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