Marine and Coastal Access Bill [HL]

This has been a very helpful debate. It might be useful if I outline the general approach that we are taking in the Bill to marine licensing exemptions. The broad nature of licensable activities listed in Clause 63 means that the Bill captures some operations that are not currently licensed or activities that we do not intend to license because they pose little environmental risk or they are appropriately regulated under other regimes. We are exempting locally authorised dredging activities under Clause 72 and we intend to carve out some other types of activities using the order-making power under Clause 71. This can be done in two ways: either the exemptions order can specify activities that will not need a marine licence under the Bill or it can set conditions that, if met, would mean that the activity would not need a marine licence. The ability to set conditions in the exemptions order means that the licence authority can control more precisely the activities that will not need a marine licence. Amendments A16, A18 and A21 concern a consultation process on an exemptions order. Each authority when considering an exemptions order has a statutory duty under Clause 71(4) to consult those persons whom it thinks appropriate. We have already started work with interested groups and those with expertise in the marine field to help to develop our approach to exemptions. Secondary legislation will set this out in more detail. We intend to carry out a full public consultation in the spring on our early thinking. I hope that I can reassure the noble Lord, Lord Tyler, on his request for greater consistency. The overriding principles of the licensing regime are to protect the environment, to safeguard human health and to prevent interference with other legitimate users of the sea, while taking into account all other relevant factors. I can assure the noble Lord, in responding to Amendment A14, that all those activities will be fully taken into account when deciding what activities are appropriate to exempt from the need for a marine licence, as, of course, will be sound scientific evidence and wider sustainable development aims. In relation to environmental appraisal, any decision to exempt activities from the marine licensing regime—and, if so, to what extent—will be based on the evidence that is available, the science and the environmental impact of an activity. The licensing authority will be able to tailor exemptions to specific risks by setting conditions for that activity in the exemptions order. On the question of commercial prejudice, Amendments A15, A22, A61 and A63 deal with details kept in the licensing register and the review of exempt activities. Clause 98 lists those particulars that must be placed on the licensing register. Other information can be contained within it, if that is appropriate. Amendment A22 is about keeping exempt activities under review. Let me reassure noble Lords that, once an order has been made, the licensing authority is able to amend it in light of, for example, new evidence or technological advances. We intend to consult whether it is necessary for all exempt activities to be formally registered, kept under review or recorded in some other way. Of course, we will take close notice of what comes out from the consultation on that point. The noble Lord, Lord Tyler, asked about the phrase, ""prejudicial to any person’s commercial interests"." The wording that we have used in the Bill is based on that used in the Food and Environment Protection Act, whose public register requirements have been around since 1996. My understanding is that information under FEPA has been withheld only on a handful of occasions since the introduction of those requirements and only after careful and stringent assessment. I hope that that reassures noble Lords on that point to a certain extent. Clause 72 exempts certain dredging activities. I say to the noble Earl, Lord Cathcart, that the clause recreates the exception found in one of the pieces of existing marine legislation, the Coast Protection Act 1949. Without that clause, those dredging activities without associated deposits—primarily maintenance dredging—carried out routinely and with minimal environmental impact under local regulations or a harbour order would have to be authorised under a marine licence. I fully accept that the noble Earl made my next point, which is that we are trying to get the balance right between proper protection and overbureaucratisation. However, unless we recreate the current exception, this could pose a considerable regulatory burden on harbour authorities, which have to maintain safe and navigable channels, as well as on licensing authorities, including the new MMO, in regulating this currently exempt form of dredging. That is why Clause 72 is drafted as it is. The noble Lord, Lord Greenway, as ever, made very important points. However, ironically, his amendments would restrict the exemption to maintenance dredging activities only. The vast majority of dredging that falls within this exemption will be maintenance dredging. Those dredging activities covered by this clause that are not maintenance dredging, and which are likely to have an impact on the environment, will still need to undertake the relevant environmental impact assessment, thereby providing the environmental safeguards. Any historically permitted capital dredging and spoil disposal that is regulated under the current regime will continue to be regulated under consent for the disposal activity. As for Amendments A23, A25, A26 and A30, I appreciate that there is eagerness to ensure that environmental objectives that will be set to deliver the water framework directive requirements are taken into account, but I am not convinced that they are necessary or desirable to set down in this Bill before measures to deliver the water framework directive have been fully developed. When the implementing measures of the directive have been decided, we expect ports and harbour authorities to engage fully with the Environment Agency to help to achieve the successful delivery of the objectives set. I understand that much work is already under way in this respect and that close links with the ports and harbour sector have already been established. Measures to achieve or support good ecological status should already be included in harbours’ maintenance dredging and disposal strategies. We are trying to avoid double regulation. If a harbour authority is acting in accordance with a local Act or relevant harbour order and in compliance with its other environmental obligations, we would not wish it to have to apply and pay for a marine licence where it is not necessary. I make it clear that, ultimately, harbour authorities, as competent authorities, have a statutory duty to undertake activities in accordance with relevant environmental obligations. The onus is clearly on them to ensure that they are complying with the relevant regulatory regimes, but we want to avoid the problem of double regulation. I understand the point made by the noble Baroness, Lady Miller, and why she wishes the relevant Bill to be brought before Parliament as soon as possible. I wish for that, too, and the Government wish to do so as soon as parliamentary time allows. Much though I should like to give her more information on that, I am not in a position to do so.