Review of development in coastal and marine waters: Work programme
Terms of Reference
The Review is expected to be taken forward in stages. The first stage will concentrate on information gathering and analysis of the current consenting regimes, covered in detail here.
The second stage of the Review will build on stage one by looking in more detail at future options and means for change, eg potential for a Regulatory Reform Order, aiming to bring forward initial proposals for Ministers to consider in December. Consultation on proposals would then follow. Longer term proposals may also emerge, depending on initial findings. The second stage work programme will be drafted at the end of the first stage.
Proposed Work Programme for Stage One May to September 2002
(Initial tasks A and B to be conducted in parallel)
A: Core principles for a streamlined system
Work to identify: What are our aims? What are we trying to deliver? What principles is Government already signed up to, relevant to better regulation and to policy aims of consent regimes? Any linkages with principles underlying planning reforms?
B: Audit of existing development consent regimes
Gather information about individual consenting regimes* 1 to identify:
Statutory base: provenance and age (UK, EU, IMO etc)
Geographical extent
Policy aim and context (and who responsible)
Environmental Impact Assessment - how incorporated
Administrative arrangements (and who is responsible)
Activity and past performance levels
Timescales and performance targets
Data handling and data bases
Consultation requirements and role of consultees
Sources of specialist advice
Public participation
Compliance and enforcement
Charging practice
Costs - to business and to government
Future changes already decided on.
C: SWOT analysis
Review findings of audit (at A) against the core principles (at B), identifying strengths, weaknesses (or gaps), opportunities for reform and threats. Note areas where change would be constrained (eg international/EU agreement) and impending additional controls and complexities.
D: Collect stakeholder views
By end May write to stakeholders inviting them to provide evidence, views and priorities for change by July at the latest. Collate responses and compare outcome with results of SWOT analysis; also with draft core principles.
E: New proposals
Keep watching brief on new proposals that may impact on the development consent regimes under review.
F: Others' experience
Examine how other countries in Europe manage development consent regimes eg Denmark, Germany, the Netherlands.
1 Development control regimes to be audited:
Coast Protection Act 1949 (navigational safety of works)
Telecommunications Act 1984 (subsea cables)
Electricity Act 1989 (electricity generation including wind farms)
Food and Environmental Protection Act 1985
(construction, coastal defences, disposal of waste and burial at sea)
Harbours Act 1964 and related local harbour legislation (SoS approval of works)
Transport and General Works Act 1992 (alternative route for works)
New regulations to control marine minerals extraction.
Taking into consideration implementation & impact of cross-cutting requirements arising from:
EU Habitats and Birds Directives
EU Environmental Impact Assessment Directive
EU Strategic Environmental Assessment
Human Rights Act 1998
International treaty obligations.
Also, where necessary, interface at coast with LA and Environment Agency controls.
