A Northern Ireland Marine BillPolicy Proposals北爱尔兰的一个海洋比尔政策建议.docx

1、A Northern Ireland Marine Bill Policy Proposals北爱尔兰的一个海洋比尔政策建议A Northern Ireland Marine Bill Policy ProposalsSummary of Consultation ResponsesOctober 2010IntroductionBackground1. On 13 April, the Department published a consultation paper, A Northern Ireland Marine Bill Policy Proposals, seeking view

2、s on the policy proposals for the Northern Ireland Marine Bill. The full text of the consultation paper is available on the Departments website at: www.doeni.gov.uk/index/protect_the_environment/water.htm.2. The proposed NI Marine Bill will establish a framework for our seas based on a new system of

3、 marine planning; a further streamlining of marine licensing in addition to the improvements already provided for in the Marine and Coastal Access Act 2009 (the UK Act), which extends to Northern Ireland; and provisions for Marine Conservation Zones which, once designated, can protect a wide range o

4、f species and habitats. The proposed NI Marine Bill in combination with the UK Act and the UK-wide Marine Strategy Regulations 2010 will deliver a new management and legislative programme for our seas. 3. In parallel, work is continuing at UK-level to agree a Marine Policy Statement (MPS), required

5、under the UK Act, to provide the over-arching policy framework for preparing marine plans and taking decisions that effect the marine environment. A UK-wide consultation exercise on the MPS closed on 13 October 2010 and responses are under consideration. 4. In addition, the NI subordinate legislatio

6、n flowing from the UK Act will introduce a new marine licensing regime which will replace Part 2 of the Food and Environment Protection Act 1985. The new regime should serve both to provide certainty and transparency to industry (such as the renewable energy sector), and to encourage investment in m

7、arine activities in Northern Ireland. This new regime is also subject to a consultation exercise which will close on 3 November 2010.5. The proposed NI Marine Bill will provide the final piece of NIs marine programme ensuring that NI will be well placed to benefit socially, economically and environm

8、entally from the resources that its seas have to offer. The Bill will play a key role in ensuring that an integrated, coherent marine plan is in place in 2014. The Department of the Environment, as the marine plan authority, will work with other Departments with marine functions to consider how mari

9、ne resources can best be managed in order to achieve sustainable development objectives within NI. The marine plan will identify areas of constraint and locations where a range of activities may be accommodated. 6. The Bill will fulfil the Executives commitment to achieving the vision of “clean, hea

10、lthy, safe, productive and biologically diverse oceans and seas”. Consultation Responses7. The consultation period on the NI Marine Bill Policy Proposals ran from 13th April until 9th July. 8. Forty two written responses were received. Of these, thirty seven were substantive. A summary of respondent

11、s comments, along with the Departments response to the specific points raised is provided in Annex A. A list of all respondents is attached at Annex B.9. No comments were received on the outline Regulatory Impact Assessment (RIA) or preliminary screening for Equality Impact contained in the consulta

12、tion paper.10. All the respondents were supportive of the proposals to put in place a new legislative and management framework incorporating marine planning, further streamlining of licensing and improvements to marine nature conservation. The proposals to establish a marine programme founded on the

13、 principles of sustainable development, better regulation and modern Government were welcomed as a means of providing greater clarity and consistency in marine issues.11. A number of issues emerged and the following paragraph provides more detail with a brief summary of the Departments response. The

14、 issues are grouped under the general headings of marine planning, marine licensing and marine nature conservation. 12. Marine Planning(i) A robust interface between the Marine Plan and terrestrial Development Plans and that the concept of Integrated Coastal Zone Management (ICZM) should be taken in

15、to account. The Bill provides for this by ensuring that the Department, as Marine Plan Authority, will develop a Marine Plan which is compatible with terrestrial Development Plans. Marine Licensing(ii) Respondents voiced a preference for the establishment of a simple, flexible and inclusive licensin

16、g regime. The Department has already taken this into account as the NI Marine Bill will create a more effective, streamlined and transparent system to provide a clearer, simpler approach for developers and operators. The new licensing and planning systems will require widespread stakeholder involvem

17、ent including the participation of local interests. Marine Nature Conservation(iii) A number of respondents also raised the objective development, selection and designation of Marine Conservation Zones (MCZs) as a critical factor. The Department has taken this into account and will consider the econ

18、omic, social and environmental aspects prior to identifying and designating an MCZ. The designation of MCZs will be subject to consultation and agreement of all Departments prior to seeking Secretary of State approval. IssueRaised byDepartmental ResponseMarine PlanningRespondents requested a robust

19、interface between management of the land and sea.BHC,CI,CNCC,EB,E.ON,ESBI,HMRC,IFSA,MCNI,NT,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UWT,WHA The Department, as Marine Plan Authority, will develop a robust interface with terrestrial planning and ensure compatibility with other plans.Respondents asked f

20、or further information on the process for developing local plansBHC,CI,CNCC,CG,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NT,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UAF,UWT,WHA The identification of local plans will follow a similar process to that set out in the Bill for regional plans.Respondents asked for wide

21、spread stakeholder involvement in the planning process. BHC,CCGHT,CI,CNCC,DD,MEP,CG,EB,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NAWSSFA,NCLFA,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UAF,UWT,WHA The Department will use the expertise and knowledge of a wide range of users of the marine environment including the e

22、xpertise of our fishermen at the earliest possible opportunity as the marine plan progresses.Respondents sought clarification on whether or not Marine Planning Partnerships will be set up in NI.BHC,CCGHT,CI,CNCC,CG,EB,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NIBG,NICMF,NIMTF,QPA,RUK,SSER,Sf,SLMAC,UWT,WHA The M

23、arine Plan Authority will consider methods for engaging fully with various interests as part of the marine plan process especially at the land/sea interface.Respondents recommended a pro-active approach to co-operation in cross-border areas on a range of protections and activities, particularly on o

24、ffshore renewable energy projects in border areas.The Department is committed to a close working relationship with the other UK Administrations and the NI Marine Bill will outline the steps to achieve compatibility between marine plans that are adjacent to each other. It will also maintain a consist

25、ency of approach where our waters abut those of the Republic of Ireland. The development of a marine plan will be consistent and integrated with other plans.Respondents want a planning process that is inclusive, transparent and accessible. The development of a marine plan is dependent on stakeholder

26、 involvement and will be subject to public consultation. The marine plan will ensure that a strategic view is taken of all of the concerns/recommendations made and will contribute to the effective management of marine activities. The NI Marine Bill will provide the framework for consistent, sustaina

27、ble and evidence-based decision-making.Respondents stated that unregulated activities should have regard to marine plans.Noted. It is the intention to outline the use of bye-laws for the protection of MCZs in the NI Marine Bill similar to the provisions in the Marine and Coastal Access Act.Marine Li

28、censingSome respondents requested the inclusion of all activities in the licensing regime whilst others expressly opposed inclusion.BHC,CNCC,DD,MEP,E.ON,ESBI,HMRC,IFSA,MCNI,NFFO,NT,NIBG,NICMF,NIMTF,RUK,SSER,Sf,SLMAC,WHA The aquaculture and fishing sectors are subject to a separate licensing regime a

29、dministered by DARD. The UK Act enables the licensing authority to exempt certain activities from the licensing regime and a consultation exercise is currently underway covering this in more detail. The new licensing system will introduce a new appeals procedure, new civil sanctions in the form of f

30、ixed and variable penalties, and a revised list of exempt activities. The proposed NI Marine Bill may also provide for specific exemptions and/or special procedures relevant to NI.Respondents recommended that the licensing system should be flexible enough to respond to new information and conditions

31、, in order to support the innovation process.The Department will ensure widespread stakeholder involvement in the development of a new licensing regime. Consideration is being given to flexible fees for non-standard activities and will be subject to a separate consultation exercise.Respondents made

32、a number of comments about the use and importance of science and technology in decision-making. BHC,CNCC,E.ON,ESBI,HMRC,MCNI,NT,Sf The Marine Plan Authority will use a variety of sources of information to establish the evidence base and inform the decision making process including the State of the Seas report, being carried out by NIEA, which will provide important information about NIs seas and Charting Progress 2 which provides an assessment of the productivity of our seas, and the extent to which h