MARINE CONSENTS GUIDANCE

Transcription

1 MARINE CONSENTS GUIDANCE FEBRUARY 2008

2 CONTROLLED DOCUMENT STATUS PROJECT TITLE DOCUMENT TITLE DOCUMENT REF BR Marine Cnsents Guide.dc REVISION RECORD STATUS DATE SUMMARY OF CHANGES CHECKED APPROVED 0 01/02/08 Public NWW TKHB Prject Directr Name TKH Beckett 1 Beckett Rankine

3 CONTENTS 1.0 INTRODUCTION FOOD AND ENVIRONMENT PROTECTION ACT LICENCE (FEPA) COAST PROTECTION ACT (CPA) HARBOUR WORKS AND DREDGING LICENCE LAND DRAINAGE CONSENT DISCHARGE CONSENT ABSTRACTION LICENCE IMPOUNDING LICENCE DREDGING LICENCE 12 2 Beckett Rankine

4 1.0 INTRODUCTION 1.1 This dcument utlines the varius cnsents required fr marine wrks, specifically fcussing n the River Thames. 1.2 The cntents f this dcument are nt exhaustive. There may be specific additinal cnsents required fr individual sites. 1.3 The cnsents listed herein may have been superseded since this dcument was last updated. 2.0 FOOD AND ENVIRONMENT PROTECTION ACT LICENCE (FEPA) 2.1 This cnsent is granted by the Marine Cnsents and Envirnment Unit (MCEU), DEFRA. 2.2 A licence is required t depsit articles and substances at sea r in tidal waters (belw mean high water spring tide mark), fr example, the dispsal f dredged material, r the placing f piles int the sea r tidal waters fr cnstructin purpses, and related activities. 2.3 The applicable law is the Fd and Envirnment Prtectin Act The cnsents prcess is: 1. Prspective applicant cntacts the MCEU fr infrmal discussins and scping. 2. MCEU liaises with its advisers cncerning the pssible impacts f the prpsal. MCEU may cnvene a meeting with the applicant if deemed necessary. 3. MCEU will then advise applicant if licence is needed and whether a frmal EIA is required. 4. Applicatin sent t MCEU and sediment samples t Centre fr Envirnment, Fisheries and Aquaculture Science (CEFAS) (where apprpriate). 5. MCEU sends cpies f prpsal t key cnsultees. 6. MCEU cllates and evaluates cmments f internal and external cnsultees. 3 Beckett Rankine

5 7. MCEU assess and determines the applicatin,.applicant ntified f decisin and any licensing cnditins. 2.5 A dual applicatin frm is usually used as mst applicatins fr the FEPA license als require Cast Prtectin Act cnsent. 2.6 The standard dispsal licences fr dredged material are valid fr 12 mnths. 2.7 An advert needs t be placed in the lcal paper and a ntice attached in a prminent psitin adjacent t the wrks. Details f the plans must be placed at the lcal library r at a lcatin with public access. 2.8 Licence charges are reviewed annually. The MCEU website utlines the latest charges fr FEPA applicatins. 2.9 The applicatin prcess takes a minimum f ten weeks. 3.0 COAST PROTECTION ACT (CPA) 3.1 This cnsent is granted by the Marine Cnsents and Envirnment Unit (MCEU), DEFRA. 3.2 Cnsent is required fr: The cnstructin, alteratin r imprvement f any wrks n, under r ver any part f the River Thames lying belw the level f mean high water springs; The depsiting f any bject r any materials n the banks f the River Thames; The remval f any bject r any materials frm any part f the River Thames lying belw the level f mean lw water springs; The peratin whether while being carried ut r subsequently causes r is likely t result in bstructin r danger t navigatin. 3.3 The applicable law is the Cast Prtectin Act 1949 (CPA). Under Sectin 35 f the CPA certain tidal peratins are exempted frm cntrl under Sectin 34. These include peratins already authrised under ther legislatin, apprved cast prtectin wrks, wrks in enclsed dcks and wrks cvered by harbur rders. 4 Beckett Rankine

6 3.4 The cnsents prcess is: 1. Infrmal discussins with MCEU. 2. Frmal applicatin submitted, preferably n applicatin frm issued by MCEU. 3. Applicant advertises applicatin in lcal newspaper allwing 28 days fr representatins t be made t Secretary f State, DEFRA. 4. At end f perid, Secretary f State will cnsider the representatins. If bjectins remain, he will ask the applicant t seek agreement with bjectrs. If agreement is nt reached, then Secretary f State will prceed t a decisin based n the infrmatin available t him plus any additinal infrmatin he seeks. 5. Decisin is then made and cnsent granted, granted with cnditins, r refused. 3.5 A dual applicatin frm is usually made with the Fd and Envirnment Prtectin Act (FEPA) cnsent. DEFRA will cnsult Trinity Huse (a General Lighthuse Authrity prviding marine aids t navigatin), Maritime and Castguard Agency, English Nature, Envirnment Agency, Lcal Harbur Authrity, Lcal Authrity, CEFAS. 3.6 There are n charges applicable t the CPA cnsent applicatin. 3.7 The applicatin shuld take les than 12 weeks t prcess. 4.0 HARBOUR WORKS AND DREDGING LICENCE 4.1 The cnsent is granted by the lcal navigatin authrity. In Lndn this is the Prt f Lndn Authrity. 4.2 A licence is required t cnstruct, alter, renew r extend any wrks in the harbur n, under r ver tidal waters r land belw the level f high water. Any wrks s cnstructed, altered, renewed r extended shuld nt interfere with the public right f navigatin r any ther public right. 4.3 The applicable law varies frm site t site. In Lndn n the tidal Thames it is the Prt f Lndn Act The cnsents prcess is: 5 Beckett Rankine

7 1. Applicant t cntact the harbur authrity t determine if the wrks require a licence and the applicatin prcedure - a site visit may be arranged. 2. Applicant returns apprpriate infrmatin tgether with cpies f any plans and the apprpriate fee (where applicable). 3. The harbur authrity cnsults internally and with ther relevant bdies, eg English Nature. 4. Subject t n specific cncerns arising frm the cnsultatin prcess, a licence will be issued. 5. The harbur authrity will mnitr the prgress f the wrks r dredging t assure cmpliance. 4.5 The harbur authrity will cnsult with English Nature and ther interested parties t determine if the prpsed wrks are likely t have impact n the safety f navigatin r ther envirnmental impact. It will als cnsult its Advisry Cmmittee (where apprpriate). 4.6 Charges vary depending n the harbur authrity and the nature f the prpsal. The Prt f Lndn can prvide further infrmatin. 5.0 LAND DRAINAGE CONSENT 5.1 Land Drainage cnsents are granted by the Envirnment Agency. 5.2 A cnsent is required fr: Any wrks in, n, under r ver a river r within the byelaw width f 8 metres; Any wrks in, n, under r ver a river r within 16m f a fld defence structure. 5.3 The applicable laws are the Land Drainage Act 1991 and Water Resurces Act and lcal Byelaws. 5.4 The cnsents applicatin prcedure is: Infrmal cntact the Agency and arrange meeting t discuss prpsed wrks; Applicant t submit drawings and methd statements t the Agency; 6 Beckett Rankine

8 Subject t agreement f the infrmatin sent by the applicant the Agency will issue an applicatin frm; Applicatin frm cmpleted and submitted by the Applicant alng with the apprpriate fee and assciated infrmatin; The Agency cnsults internally and with English Nature (if required); Cnsent issued by the Agency within specified time perid. 5.5 The Agency will check cmpliance f the wrk undertaken. 5.6 The Envirnment Agency cnsults with English Nature if the prpsed wrks are likely t have any effect n a designated site. 5.7 The fees are currently 50 per applicatin per structure. 5.8 The Envirnment Agency has 2 mnths frm receipt f a validated applicatin t determine cnsent. 5.9 Cnsented wrks must be carried ut within 2 years f authrisatin. 7 Beckett Rankine

9 6.0 DISCHARGE CONSENT 5.1 Discharge cnsents are granted by the Envirnment Agency. 6.2 A cnsent is required fr a discharge f any unwanted substance that cmes frm human activities which is put int rivers and seas that culd ptentially alter the envirnment it ges int (this water culd include surface water run ff frm parts f the site). 6.3 The applicable laws are the Water Resurces Act 1991, Envirnment Act 1995, Grundwater Regulatins 1998 and EC Directives. 6.4 The cnsents applicatin prcedure is: 1. Fr larger develpments (eg develpments f > 10 huses, industrial/trade develpments), the Envirnment Agency advises the applicant submits prpsals as "pre applicatin". 2. Applicant t cntact the Agency fr an Applicatin Frm pack (including guidelines and charging details). 3. Applicant t submit cmpleted frm, applicatin fee, 3 cpies f a lcatin and site plan, perclatin tests results and calculatins detailing drainage field area if the discharge is t grund (based n the guidelines leaflet supplied), plant specificatin details and reasns fr nt cnnecting t a mains sewer. 4. The Agency cnsults internally and externally. Internal and external cnsultatin gives peple the pprtunity t make a representatin r bjectin n grunds f water quality, resurces, grundwater prtectin, cnservatin and envirnmental health, fishers and fd interests. 5. The prpsal may be advertised in the lcal press and the Lndn Gazette. Csts must be brne by the applicant. Applicatin is advertised if deemed apprpriate. 6. Cnsent determined by the Agency within a statutry time perid, unless an extensin is agreed with the applicatin. Determinatin may result in apprval (with cnditins) r refusal (with the right t appeal). 6.5 Annual charging is applied when apprpriate. 8 Beckett Rankine

10 6.6 There is a tw-tier applicatin fee: standard and reduced. Annual charges may als be applicable. 6.7 The Envirnment Agency has a statutry perid f up t 4 mnths t determine a validated applicatin fr cnsent t discharge. Extensins must be agreed with the applicant. 9 Beckett Rankine

11 7.0 ABSTRACTION LICENCE 7.1 Abstractin licenses are granted by the Envirnment Agency. 7.2 An Abstractin Licence is required t remve r abstract mre than 20 cubic metres (4,400 gallns) f water a day frm a surface surce r an undergrund surce. The licence will specify the surce, quantity and use f the abstractin and will have cnditins attached t it. 7.3 The applicable laws are the Water Resurces Act 1991, Water Resurces (Abstractin and Impunding) Regulatins 2006, Water Resurces (Envirnmental Impact Assessment) (England and Wales) Regulatins The cnsent applicatin prcedure is: 1. Infrmal cntact with the lcal Envirnment Agency representative t discuss the applicatin befre it is submitted. 2. Applicant t submit frmal applicatin with supprting infrmatin and fee (including (in duplicate) infrmatin, maps and any reprts which the Envirnment Agency reasnably requires t determine the applicatin (this culd include an Envirnmental Impact Assessment). 3. Applicatin frmally acknwledged (within 28 days f receipt). 4. Applicatin advertised in lcal newspapers and n Envirnment Agency's website within 28 days f receipt f the applicatin stating a 28 day time limit fr representatins. 5. Ntice f the applicatin is sent t any relevant water undertaker, navigatin, harbur, cnservancy authrity r internal drainage bard. 6. If the Secretary f State desn't call in the applicatin, the Envirnment Agency then has 3 r 4 mnths t determine the applicatin (subject t extensin in certain circumstances). 7. Appeals t the Envirnment Agency's decisin must be made t the Secretary f State in writing within 28 days f the decisin being given. 10 Beckett Rankine

12 8. Appeals and applicatins called in by the Secretary f State are heard at a hearing r at inquiry befre an inspectr. The Envirnment Agency will take int cnsideratin: Representatins frm third parties; Whether the grant f the licence will prevent a hlder f a current licence r smene wh is exercising the right t abstractin withut a licence frm exercising their right; The effect the grant f the licence will have n any minimum acceptable flw set fr these waters. Its general envirnmental duty 7.5 There is an applicatin charge (details available n request frm the Envirnment Agency). Charges can als be made fr the grant f the licence, either as a single sum r payable at fixed intervals. Advertising csts may als apply. All charges are determined under s41(1) Envirnment Act The Envirnment Agency nrmally has 3 mnths (where the applicatin has been exempt frm the advertisement bligatin) r 4 mnths (if the applicatin has been advertised) t give its decisin frm the date the applicatin was received. 8.0 IMPOUNDING LICENCE 8.1 Impunding licenses are granted by the Envirnment Agency. 8.2 An Impunding Licence is required fr the right t impund water int a stream t fill a reservir where the reservir discharges water t anther inland water s that it becmes a surce f supply within the meaning f s221 (1) Water Resurces Act The applicable law is the Water Resurces Act The applicatin prcedure and timescale is the same as fr the Abstractin Licence. 8.5 Applicatin fee details are available n request frm the Envirnment Agency. 11 Beckett Rankine

13 9.0 DREDGING LICENCE 9.1 A dredging license is granted by the lcal Navigatin Authrity. On the tidal Thames this is the Prt f Lndn Authrity 9.2 A Dredging Licence is required in rder t undertake dredging f the River Thames. 9.3 The dispsal f dredged spil must be dne in accrdance with s167 Water Resurces Act 1991 and Part 2 Envirnmental Prtectin Act 1990 and the Prt f Lndn Act The applicatin prcedure is as fllws: 1. The applicant shuld cntact the PLA's River Wrks Licensing Department (telephne ) wh will issue Frm Frm 215 shuld be returned t the PLA tgether with the fee and sufficient infrmatin t enable the cmpletin by the PLA f an assessment f the Licence and an envirnmental review. Such infrmatin is likely t include the fllwing: Descriptin f the prpsed wrks, the lcatin, nature and quantity f material t be dredged, the type f dredger t be used, the intended start-date and cmpletin-date fr the wrks, and details f dispsal (where applicable); Results f cntaminatin testing (yu may wish t cntact the PLA fr advice prir t specifying the parameters t be tested fr); Hydrgraphic and hydrdynamic characteristics f the river in the vicinity f the prpsed wrks; Any expected effects n nearby sites designated fr nature cnservatin interest and n nearby berths; Cnservancy issues including water quality, fisheries, archaelgy, recreatin, lcal cmmunity and navigatin issues. Applicants may be requested t prvide infrmatin n sme r all f these characteristics. 3. Cnsultatin between relevant PLA fficers n navigatin, river regime and envirnment; 4. Where necessary, cnsultatin may als be required with ther bdies such as English Nature, the Envirnment Agency, and Kent and Essex Sea Fisheries 12 Beckett Rankine

14 Cmmittee (in practice, cnsultatin is regularly carried ut via the Dredging Liaisn Grup) 9.5 The applicatin charge will depend n the lcatin and scale f the dredge and cmprises a fee t cver the cst f the administrative prcessing f the applicatin. 9.6 A minimum perid f 3 mnths fr the assessment prcess and subsequent grant f the Licence. Cnditins may be attached t the Licence t place cnstraints r mnitring requirements n the peratin. 13 Beckett Rankine