Information Notes 3 - Legislative Context
Legislative Context
General Environmental Responsibilities
Conservation Legislation
Environmental Impact Assessment
Shellfish Waters Directive
Water Framework Directive
General Environmental Responsibilties
Summary
In considering and determining dredging licence applications, the PLA must consider, and where appropriate discharge its duties under a number of pieces of environmental legislation. As a consequence, the PLA may require certain environmental information from berth owners and operators in support of a dredging licence application. Further, in order to ensure compliance with the environmental legislation outlined below, the PLA may place constraints on a dredging operation or require environmental monitoring.
Dredging in the Thames Estuary is regulated by the Port of London Authority (PLA) by means of an application under Section 73 of the Port of London Act 1968 (see Information Note 1 for further details on the application process). When considering a dredging licence application, the PLA is required by Section 48a of the Harbours Act 1964 to ‘have regard to:
a) the conservation of the natural beauty of the countryside and of flora, fauna and geological or physiographical features of interest;
b) the desirability of preserving for the public any freedom of access to places of natural beauty; and
c) the desirability of maintaining the availability to the public of any facility for visiting or inspecting any building, site or object of archaeological, architectural or historic interest.’
Conservation Legislation
Figure 1: 'PLA Port Limits and Environmental Designations in the Outer Thames Estuary' and 'SSSI Designations at Rainham and Dartford' (click on images to enlarge).
The PLA, as a public body, is a competent authority under two pieces of conservation legislation. The Conservation (Natural Habitats &c.) Regulations 1994 provide protection to conservation sites designated as Special Protection Area (SPA) or Special Area of Conservation (SAC) for their hosting of habitats or species of European importance (European sites). In addition, the Countryside and Rights of Way Act (CRoW) 2000 protects sites of national importance that are designated as Sites of Special Scientific Interest (SSSI). Under this legislation, the PLA is known as a S28G authority which means it has a duty to conserve and enhance SSSIs. The figure indicates the location of European sites and SSSIs on and around the tidal Thames.
These two pieces of legislation set out specific legal processes with which applications for operations that are likely to have a significant adverse effect on, or damage, the site must comply. The processes involve statutory consultation with English Nature (the Government’s advisors on nature conservation) and can include set timescales (i.e. under the CRoW Act, English Nature are given 28 days to respond to consultation). Currently, the Department for Environment, Food and Rural Affairs (Defra) are working with the ports industry and English Nature to prepare guidance on the treatment of maintenance dredging under the Habitats Regulations, and formal advice is awaited. In any event, the PLA must consider whether a maintenance dredging operation, within or adjacent to a designated site, is likely to damage the site. Those intending to undertake maintenance dredging within or in the vicinity of such sites therefore need to be aware of both the possible programming implications (eg. the statutory consultation time under the CRoW Act) and of the possible need to provide additional data to the PLA in support of a dredging licence application.
Environmental Impact Assessment
The EU Environmental Impact Assessment (EIA) Directive requires the environmental impacts of certain projects to be assessed before consent can be given. For works in harbours and port areas, this Directive has been translated into the Harbour Works (EIA) Regulations 1999. Usually, these Regulations apply to new projects (for example a capital dredging project would need to be ‘screened’ to determine whether there is a requirement for EIA), but they are also applied to alterations to existing projects. The Department for Transport (DfT) has advised that the EIA regulations are applicable to maintenance dredging applications.
For some maintenance dredging proposals, the PLA will need to decide whether an EIA is required by considering whether that maintenance dredging operation is likely to have a significant environmental effect by virtue of its location (environmentally sensitive), size, etc. Where it is determined that an EIA is necessary, the undertaking of the EIA and the preparation of the associated report (known as an Environmental Statement) is the responsibility of the applicant. Collecting the data and carrying out the investigations necessary to inform an EIA can be time consuming and, in some cases, expensive. If there is any uncertainty as to whether a particular maintenance dredging application might be subject to the EIA Regulations, early discussions with the PLA will therefore be worthwhile.
Shellfish Waters Directive
The outer Thames Estuary is designated under the EU Shellfish Waters Directive, as shown in the figure. This Directive has set water quality standards for a number of parameters including dissolved oxygen, heavy metals and organics. The PLA has to consider whether any dredging operation is likely to affect the designated Shellfish Waters. Information may need to be provided by the applicant to inform this decision. In some cases dredging activities within or affecting the Shellfish Waters may need to be constrained.
Water Framework Directive
It seems likely that the EU Water Framework Directive (WFD), which was transposed into Regulations in England and Wales in December 2003, may have similar implications for some maintenance dredging activities. The PLA will be able to advise on any requirements associated with the WFD and, should it prove necessary, will prepare supplementary guidance.
