rationalisation of fepa licence conditions and licence...
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ME5403 Research to Support Marine Licensing and Monitoring
Rationalisation of FEPA licence conditions and licence categories
Author: Laura Weiss
Issue date: 18th
February 2011
Rationalisation of FEPA licence conditions and licence categories
Page i
Cefas Document Control
Title: Rationalisation of FEPA licence conditions and licence
categories
Submitted to: Cathal Linnane, Andrew Beattie, Brian Hawkins
Date submitted: 18th February 2011
Project Manager: Sonia Kirby
Report compiled by: Laura Weiss
Quality control by: Chris Vivian, Andrew Birchenough, Adrian Judd
Approved by & date: Stuart Rogers 18th February 2011
Version: 2.0
Version Control History
Author Date Comment Version
Laura Weiss 17th February 1.0
Laura Weiss 18th February 2.0
Rationalisation of FEPA licence conditions and licence categories
Rationalisation of FEPA licence conditions and licence categories
Rationalisation of FEPA licence conditions and licence
categories
Author: Laura Weiss
Issue date: 18th February 2011
Head office
Centre for Environment, Fisheries & Aquaculture Science
Pakefield Road, Lowestoft, Suffolk NR33 0HT, UK
Tel +44 (0) 1502 56 2244 Fax +44 (0) 1502 51 3865
www.cefas.co.uk
Cefas is an executive agency of Defra
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Executive Summary
1.1. The aims of this project is to:
1.1.1. Up-date the categories of licensable activities for construction projects that accurately
reflect the proposed work to be undertaken.
1.1.2. Review the existing licence conditions to produce a list of rationalised licence
conditions that are fit for purpose, unambiguous and enforceable under the Marine
and Coastal Access Act (MCAA).
The objectives of the project were set out by the MMO to be achieved under the Defra
funded ME5403 project - Research to Support Marine Licensing and Monitoring.
1.2. Licence categories provide a standardised wording and grouping of licensable activities. A
review of existing licence categories was undertaken to provide accurate descriptions that
meet international reporting requirements and that are appropriate for the MCAA. A tiered
framework of licence categories that provide a single indication of the purpose of the project,
and a more detailed sub-list of the individual structures that are involved within a project has
been produced. Full descriptions are provided for both levels of categories. A matrix that
maps the relationships between high level sectors/purposes and individual structures has
been developed that accounts for the varying complexity of marine construction projects.
1.3. A review of the existing licence conditions was undertaken to produce a rationalised list of
conditions suitable for both construction and disposal projects. The existing conditions were
rationalised through review of commonly used conditions and mitigation measures described
within best practice guidelines. This work was undertaken with input from the Cefas
Regulatory Assessment Team, and MMO licensing and enforcement teams. A workshop was
held at the MMO between Cefas, MMO licensing and MMO enforcement teams to discuss the
use of conditions and evaluate the proposed list to ensure that the conditions are suitable for
use in future marine licensing. There were many issues relating to the enforceability of
conditions that were discussed to ensure that the conditions are robust. A list of revised
conditions has been produced, the list is grouped by category and provides a justification for
each condition, and discussion on the use of each condition. The production of more robust,
specific and enforceable conditions has highlighted the need for the application process to
ensure that detailed methods of mitigation are provided by the applicants.
Rationalisation of FEPA licence conditions and licence categories
1.4. To link licence categories and licence conditions together an additional stage has been
addressed as it is not possible to generically apply conditions to a single activity due to the
variation in complexity between marine projects. Therefore a list of component parts of an
activity, described as ‘processes’ has been produced, these include processes such as
dredging, pile driving, painting etc. This allows a logical link between marine activities (defined
by licence categories) and licence conditions that accounts for the varying complexity, and
environmental impact of the works.
1.5. The terminology developed within this project is consistent with that used within Risk Based
Approaches, so that assessment and identification of pressures can inform the application of
appropriate licence conditions.
Rationalisation of FEPA licence conditions and licence categories
Table of contents
1 Background ................................................................................................................................... 1
1.1 Introduction ............................................................................................................................ 1
1.2 Objectives................................................................................................................................ 1
2 Rationalisation of licence categories .......................................................................................... 2
2.1 Current licence categories ...................................................................................................... 2
2.2 Suggested new licence categories and structure ................................................................... 4
2.3 Descriptions and examples of licence categories ................................................................... 6
2.4 Matrix of sector and structure relationships .......................................................................... 6
3 Rationalisation of licence conditions ......................................................................................... 1
3.1 Current licence conditions ...................................................................................................... 1
3.1.1 Licence condition internal review ................................................................................... 1
3.1.2 Review of best practice guidance ................................................................................... 2
3.1.3 Licence Condition Review - MMO Workshop ................................................................. 3
3.1.4 List of rationalised licence conditions ............................................................................. 4
3.1.4.1 Conditions for damage/disturbance to seabed/sediment ......................................... 5
3.1.4.2 Conditions for placement of sediment (beneficial use/beach recharge) ................... 5
3.1.4.3 Conditions for disposal site management .................................................................. 6
3.1.4.4 Conditions for chemical use ........................................................................................ 6
3.1.4.5 Conditions for excavation/structure removal ............................................................. 7
3.1.4.6 Conditions for pile driving ........................................................................................... 7
3.1.4.7 Conditions for pollution from plant, equipment and/or vessels ................................ 8
3.1.4.8 Conditions in relation to prevention of unlicensed waste at sea ............................... 8
3.1.4.9 Conditions for rock placement .................................................................................... 8
3.1.4.10 Conditions for temporary works/waste/debris ...................................................... 9
3.1.4.11 Conditions for tracer use ........................................................................................ 9
Rationalisation of FEPA licence conditions and licence categories
3.1.4.12 Conditions for wet concrete use ............................................................................. 9
3.1.4.13 Conditions for information to the licensing authority ............................................ 9
3.1.4.14 Conditions for rock transhipment ......................................................................... 10
3.1.4.15 Monitoring Conditions .......................................................................................... 10
4 Linking categories and conditions ............................................................................................ 10
4.1 Linking categories and conditions ......................................................................................... 10
4.1.1 Identification of component parts - processes ............................................................. 11
4.1.2 Linkage to licence categories and conditions ............................................................... 12
5 Conclusions and Recommendations ........................................................................................ 14
6 Acknowledgements .................................................................................................................... 15
7 References ................................................................................................................................... 15
8 Annex A – Licensable Activities – Categories and Descriptions ........................................... 16
8.1.1 Descriptions of high level categories - sectors/purpose ............................................... 16
8.1.2 Descriptions of detailed categories for structures........................................................ 18
9 Annex B – Licensable Activities - Matrix of sector and structure categories ...................... 23
10 Annex C – Matrix of Licence Categories (sectors) and Processes.................................... 25
11 Annex D – Standardised FEPA conditions ........................................................................... 26
12 Annex E – Matrix of conditions and processes ................................................................... 42
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1 Background
1.1 Introduction
The Marine and Coastal Access Act 2009 (MCAA) received Royal Assent on the 12th November 2009.
As it comes into force it will introduce new systems of marine planning and marine licensing,
overseen by the new delivery body the Marine Management Organisation (MMO).
Under the current licensing system the Marine Consents Management System (MCMS) database
sets licence categories and stores licence conditions. With the development of the new licensing
system and associated databases there is a need to ensure the licence categories and conditions
used are meaningful and appropriate for the MCAA and represent the Best Practicable
Environmental Option (BPEO).
Licence categories provide a standardised wording and grouping of licensable activities. There is a
need to assess the current licence categories for construction projects to determine whether the
descriptions are up to date in terms of current activities and emerging technologies.
Cefas in its role as scientific advisor to the MMO, the licensing authority, review scientific arguments
on the nature and scale of potential environmental impacts of marine works licence applications,
and recommends licence conditions that specify appropriate mitigation, notification or monitoring.
Over the years a number of conditions stored within MCMS have been created that are essentially
the same. These need to be rationalised in anticipation of the new licensing IT system. In parallel,
sets of standard licence conditions, for each type of licence, need to be developed that can be
automatically included in all licences where appropriate.
1.2 Objectives
The project objectives are:
To provide a more up-to-date list of categories of licensable activities for construction
projects that accurately reflect the proposed work to be undertaken. This needs to be
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appropriate for the new licensing system and have descriptions and examples agreed with
the MMO.
To review the existing licence conditions held on MCMS to produce a list of standard and
bespoke conditions with an explanation of the purpose of each condition. The wording of
the conditions are to be reviewed in discussion with the MMO to ensure they are fit for
purpose, unambiguous and enforceable under the MCAA.
The objectives of the project were set out by the MMO to be achieved under the Defra funded
ME5403 project - Research to Support Marine Licensing and Monitoring.
2 Rationalisation of licence categories
2.1 Current licence categories
There are currently standard lists of categories that are applied to construction and disposal licences
based on the information within the application form, and used within the application database
MCMS.
Categories are an important tool in identifying the purpose of a licensable activity and its associated
works. They are used to provide reports and respond to queries on activity in the marine
environment on a national, regional and local basis. Therefore the greater the clarity that can be
applied to such categories the better tools they provide for reporting purposes.
The current categories also have important linkages to international reporting requirements for the
London Protocol 1996 (LP) and OSPAR Convention 1992 (OSPAR). At present only disposal of
dredged material, fish waste etc is reported to the London Protocol (LP) and OSPAR, construction
deposits are not currently reported internationally. One exception is the requirement to report the
construction of artificial reefs using waste material to LP and OSPAR.
For constructions there are currently three lists of categories that are used within MCMS: Waste
Type, Construction Type and Construction Group. Within the ‘Waste Type’ list one category is
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applied per licence. More than one of the ‘Construction Types’ categories can be selected and then
‘Construction Groups’ categories are selected automatically based on a pre-set linkage with the
Construction Type category.
Waste Type
Harbour Works
Coastal Protection
Sea Defences
Land Reclamation
Tidal Barriers
Tidal Power
Wind Power
Wave Power
Bank Stabilisation
Beach Nourishment
Pipes and Cables
Piers and Jetties
Slipways/Causeways
Outfalls
Scour Protection
Structural Material
Construction (Misc.)
Construction Groups
Coastal Defences
Harbour Works
Land Reclamation
Intakes, Outfalls &
Pipeline Maintenance
Piers etc.
Tidal River
Development
Scour Protection
Slipways etc.
Barrages & Islands etc.
Miscellaneous
Energy Generation
Onshore Works
Barrages & Islands etc
Cables, Intakes,
Outfalls, Pipes and
Pipeline Maintenance
Navigation Works
Scour Protection
Construction Types
Beach Replenishment
Armour Facing
Breakwater
Groyne
Revetment
Sea Wall
Dock Wall
Quay/Wharf
Marina/Pontoon
Training Wall/Breakwater
Bunded/Piled Area
Salt Marsh Feeding
Dock Infill
Intake
Outfall
Pipeline Maintenance
Bridge Foundation
Pier
Jetty
Riverbank Stabilisation
Gabion
Mattress
Slipway
Causeway
Launching Ramp
Tidal Barrier
Barrage
Artificial Island
Rock Placement
Artificial Reef
Habitat creation
Windfarm
Sculptures, statues, fountains, etc
Cable/subsea cable
Windfarm/anemometry mast
Tidal power/tidal barrier
Sub-station/onshore cables
Barrage
Artificial reef
Artificial island
Habitat creation/replacement
Intake/outfall
Subsea cable/overhead /onshore cables
Pipe/pipeline maintenance
Buoy/navigation mark
Gabion
Mattress
Rock placement
Seabed investigation works
One Waste Type per licence
- Can have many construction groups
- Can have many construction types
e.g. for single coastal protection project
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Figure 1 – The current existing MCMS categories for construction works demonstrate that one
waste type per licence can have many construction groups and construction types. An example is
provided in shading for a coastal protection project.
For disposal applications the key waste types are Capital Dredged Material and Maintenance
Dredged Material, again this is identified within the application form.
2.2 Suggested new licence categories and structure
During the project the existing categories have been reviewed to assess their current application and
how this can best be used in future. The review also focussed on a selection of applications from the
Waste Type category ‘Construction (Misc)’, 66 examples from 1998 – 2010 were taken from MCMS
to consider whether new categories were required, or a better method of applying the existing
categories could be employed. The review looked at the descriptors provided within the current
FEPA application form, and also new activities now included under the MCAA. Consideration was
also given to the structure of the current categories on MCMS. Presently there are three lists of
categories (waste type, construction type and construction group), and it is considered that there is
much duplication in this approach and it is not easy to delineate between ‘construction groups’ and
‘construction types’. A single licence category will still be a useful tool in identifying project types at
the high category level, a second tier of structural categories was applied as a tool to more
accurately identify the actual construction structures/activity undertaken with a project
The revised tiers are applied:
Level 1 Category List – Sector/Purpose of works – A single category is applied to identify the
key purpose of the construction works. There is a scale of complexity in categories that will
be identified by the level 2 categories, from those undertaken in a harbour or for the
purposes of coastal defence, to more minor works such as navigational aids which are also
useful to independently identify.
Level 2 Category List – Structures and sub-structures – This category list provides the key
aspects of the construction project; the type of structures that trigger the need to licence
their construction, repair or removal.
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One sector/purpose per licence to describe overview
of project - Can have many structures and sub-
structures
Sector/Purpose of works
Port/harbour walls,
jetties and breakwaters
Flood and coastal erosion
protection
Energy generation – wind
power
Energy generation –
wave power
Energy generation – tidal
power
Artificial reef
Slipways, causeways and
launching ramps
Pipelines and cables
Outfalls/intakes
Piers, jetties and bridges
Habitat creation
Aquaculture
Meteorological mast
Scour protection
Ground investigation
works
Oil, gas and Carbon
capture installations
Scientific equipment*
Removal of litter and
seaweed*
Miscellaneous
Structures and sub-structures
Erosion/flood/scour protection structures
Armour facing/revetment
Bank stabilisation
Rock placement
Gabion
Mattress
Berm
Wave screen
Breakwater
Groyne
Training wall
Barrage
Beach nourishment
Coastal protection reef
Tidal barrier
Supportive/landing structures
Marina
Pier
Jetty
Pontoon
Slipway
Causeway
Launching ramp
Foundation
Wall (supportive, not for purpose of marine craft)
Dock wall
Bridge supports
Scientific/Navigational/mooring aids
Mooring
Buoys and markers
Scientific equipment
Energy/communication structures
Sub station
Turbine (wind and tidal)
Cable
Anemometry mast
Barrage
Tidal device
Wave device
Discharge/intake structures
Pipelines
Outfall
Intake
Habitat land creation
Land Reclamation
Habitat creation
Habitat remediation, e.g. mud flat/saltmarsh feeding
Investigative works
Borehole
Carbon capture/storage
Platform
Well
Subsea facility
Decorative/recreation structures
Sculpture, statue, fountain
Artificial reef
Munitions
Fired munitions
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Figure 2 – The suggested new categories and structure demonstrates that one ‘sector/purpose’
category can have many ‘structures and sub-structures’ categories
2.3 Descriptions and examples of licence categories
Full descriptions of the high level categories and individual sub-structures are provided in full within
Annex A.
2.4 Matrix of sector and structure relationships
To map the relationships between the sector/purpose of a project and the likely structures involved
a matrix approach has been suggested. The matrix is presented in full within Annex B. The
relationships shown within the matrix, along with the more detailed descriptions will assist in
selection of the most appropriate category for a construction project. Some structures will be
appropriate for many different sectors (e.g. rock placement, mattresses), but the purpose of the
project can vary greatly, e.g. may be used within a coastal defence project, renewable energy or
bridge construction. The matrix approach also demonstrates that one project (defined by its
sector/purpose) may involve many sub-structures depending on the complexity of the works.
This approach could also be expanded to include other works such as disposal at sea and tracer
applications.
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3 Rationalisation of licence conditions
3.1 Current licence conditions
Marine licensing is used to enable sustainable decision-making that meets statutory requirements
on activities within the marine environment. A licence will contain conditions under which the
activity may take place, to ensure the licence holder is allowed to undertake X (construction/disposal
activity) as long as they do Y (adhere to the conditions). At present conditions within a FEPA licence
are presented throughout the licence, with those indicating mitigation, some notification and
monitoring requirements included within a supplementary conditions section.
At present all supplementary conditions are stored within the MCMS database. An interrogation of
the MCMS database identified a total of ~58,000 conditions that have been attached to FEPA
licences over the years. This included a large proportion of duplicates, with their removal it still left
~15,500 conditions. The conditions taken from MCMS can be organised by the licence categories,
however that still results in much duplication between categories and also within categories due to
slight variations in wording.
3.1.1 Licence condition internal review
Due to the large number of remaining conditions, a high level review was undertaken of the existing
conditions to identify those most commonly used. This review also considered the current list of
conditions used regularly as part of the scientific advice to the MMO (from Cefas Regulatory
Assessment Team). By removing the most obvious duplicates (in terms of wording variation) and
insuring all regularly used conditions were included, a markedly reduced list of 139 conditions was
then produced.
It was recognised that the rationalised list still required review of the need of the condition and its’
wording. An internal workshop was held within the Cefas Regulatory Assessment Team on the 15th
December 2010, the objectives of the workshop were to:
1. Define need for condition – must relate to a clear action required by the licence holder
2. Finalise wording of condition – as standardised and unambiguous as possible
3. Categorise conditions – what are the triggers that define need for condition i.e. type of
material, method, sensitive receptor.
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The workshop further rationalised the list of 139 conditions to a list of 42 conditions which were
categorised and included a reason for each condition. This list was then submitted to the MMO
licensing and enforcement team for review prior to a workshop with the MMO.
3.1.2 Review of best practice guidance
Alongside the review and rationalisation of existing conditions a review of current best practice
procedures and guidelines was undertaken. The review was to ensure that the revised licence
conditions take into account current best practices in terms of mitigation and environmental
legislation, and included:
CIRIA 584 (2003) Coastal and Marine Environmental Site Guide
CIRIA C674 (2010) Use of concrete in maritime engineering – a good practice guide
CIRIA C685 (2010) Beach Management Manual
CIRIA SP116 (1995) Environmental Impact of Materials – Volume A
CIRIA C683 (2007) The Rock Manual. The use of rock in hydraulic engineering (2nd edition)
Bray (Ed) (2008) Environmental Aspects of Dredging
SEPA (2006) Prevention of Pollution From Civil Engineering Contracts: Special Requirements,
Version 2 June 2006
EA (2007) Pollution Prevention Guidelines. Works and maintenance in or near water: PPG5
EA (2001) Waste Minimisation – An Environmental Good Practice Guide For Industry
JNCC (2009) Statutory nature conservation agency protocol for minimising the risk of
disturbance and injury to marine mammals from piling noise.
It is not the purpose of this study to synthesise the outputs of the above studies, however they did
provide information regarding mitigation measures that have been adopted within the conditions.
The review of best practice guidelines highlighted that the issues covered by current conditions are
still relevant against current best practice guidance and understanding.
Often the best practice guidance did not provide detailed methods of mitigation that could be
adopted within specific conditions. The guidance provides useful discussion on the problems
associated with activity in the marine environment, and more general discussion on where methods
can be used to ‘minimise’ disturbance, and to be applied ‘where practical’. It is therefore often not
possible to directly transfer outputs from best practice guidance into conditions as the wording is
not robust enough, or it does not provide a clear action by the licence holder.
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Reference to the above best practice guidance documents may be of use within any guidance to
applicants as no single best practice guidance for works within the marine environment exists at
present.
3.1.3 Licence Condition Review - MMO Workshop
A workshop was held with members from the MMO licensing and enforcement team, and Cefas
Regulatory Assessment Team on the 18th January 2011 to discuss a proposed rationalised list of
conditions. Initial feedback was obtained from both the licensing and enforcement teams. The initial
feedback raised some headline comments which were discussed within the workshop:
The conditions included many examples of ‘woolly’ wording, which needs to be avoided. The
most enforceable conditions are those that are SMART (Specific, Measurable, Achievable,
Realistic and Time Bound); inversely those that are vague are more difficult to enforce.
Wherever possible, conditions should contain as many SMART elements as is feasible.
It is important to think ‘if the licence holder was to do something outside a particular licence
condition, how could it be proved beyond reasonable doubt that it had been done’?
Ambiguous words or phrases such as ‘minimise’, ‘where practicable’, ‘in the vicinity’ etc
makes determination of whether something is ‘practicable’ or not more subjective.
Vague conditions often result from lack of information and detail provided within the
application process. Do the requirements of the application need to be clearer? Should there
be a more defined protocol for supplementary information to be provided at a later date?
Conditions are only one part of the licensing process. Can the conditions be better phrased
or organised within the licence to prevent duplication of information in supplementary
conditions that is provided elsewhere?
During the workshop there was general agreement regarding the need to improve licence conditions
to enable effective enforcement. The changes to enforcement powers and licensing under the
Marine and Coastal Access Act were discussed, with the uncertainty regarding the actual format of a
new marine licence. The ‘cradle to grave’ approach to marine licensing was also noted, as this will
need to be addressed in the future when considering appropriate conditions for operational and
decommissioning aspects of a project.
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The MMO discussed the aspiration to move from ‘supplementary conditions’ to a more coherent
framework of a schedule of conditions that present them so they are easy to follow with clearly
defined timing. MMO suggested a framework of conditions that applied:
Pre-works – conditions that must be complied with before the works commence. The
conditions must be time bound and clearly indicate where approval from the licensing
authority is required.
During works – conditions that apply during the works, e.g. mitigation measures or
monitoring.
Post-works – conditions that are applied once the works are completed, e.g. removal of
temporary structures, remediation works, monitoring.
Each condition to include a reason for why the condition is required.
The conditions were discussed individually with discussion around the difficulties in using specific
conditions and suggested alternatives. Conditions relating to fisheries liaison and navigational issues
were discussed with the need for amendments. However, it was noted that this should be
undertaken by the MMO, in consultation with other stakeholders (i.e. MCA, Trinity House) as the
issues covered by the conditions lie outside of Cefas’ remit as scientific advisor to MMO. It was
agreed that the conditions pertaining to fisheries liaison, navigation and other interference issues
will not be suggested by Cefas in the future and any standardised wording will be defined by the
MMO.
3.1.4 List of rationalised licence conditions
Based on the outputs of the above workshops and reviews a rationalised list of suggested licence
conditions has been developed. The full list of suggested conditions each accompanied with a reason
for the condition and discussion on the appropriate use of the condition is provided within Annex D.
The conditions are organised against the key impact/effect/issue that the condition is associated
with, which are broad categories and have been designed to assist with selecting appropriate
conditions. The key issues raised through the rationalisation of the conditions are discussed by
category below.
One key aspect of the revised conditions is the requirement for detailed information and methods to
be included that reduce the ambiguity of the condition and assist with enforcement. Methods and
techniques for mitigation can vary, and it is commonly not possible to suggest a ‘one size fits all’
method for mitigation. The suitability of the methods employed will depend on the nature of the
works and the specific environment in which it occurs. Therefore many of the conditions suggest a
framework in which specific methods are to be included. It is recommended that the applicants are
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made aware of the level of information that is required to fulfil licence conditions, and that it is of
benefit to consider these issues early on in the planning, design and application process. Contractors
and applicants should be able to suggest the most appropriate techniques, if there is a clear
rationale for why mitigation is necessary. The provision of a condition framework, rather than
inclusion of prescriptive methods at this stage also allows for novel techniques to be adopted and
included in future licence conditions.
3.1.4.1 Conditions for damage/disturbance to seabed/sediment
The conditions have been adapted to ensure that any methods that mitigate against damage to the
seabed, or are designed to ensure that remediation occurs are clearly stated within the conditions.
The main issues the conditions address is the restoration or ‘making good’ of an area after
disturbance, and the reduction of working areas and employment of specific mitigation to reduce
the damage/disturbance caused.
The methods used to prevent damage/disturbance will vary on a site specific basis so conditions
such as condition1.3 (see Annex D) provide a framework that will need to be supported by the
relevant mitigation methods. It is recognised that such information may not be available at the time
of application and therefore alternative conditions (e.g. condition 1.3b) provide a framework for a
pre-works condition that includes a time-bound requirement that the methodology is submitted and
approved by the licensing authority prior to the works.
3.1.4.2 Conditions for placement of sediment (beneficial use/beach recharge)
The conditions in relation to the placement of sediment for beneficial use and beach recharge have
some synergies with the disposal at sea conditions. Where the placement of material needs to be
managed to prevent transport of material to a sensitive area, or to avoid sensitive timings, a time-
bound condition is suggested. It was recognised in the MMO workshop that there is a need to
specify the material that is being deposited once it is confirmed that it is suitable for use. There are
case examples where sediments with an inappropriate grain size have been deposited on sensitive
foreshore, but not necessarily in breach of the licence. By using standard terminology for a range of
grain sizes (i.e. the Folk classification), conditions can ensure that only suitable sized material is used
(i.e. condition 2.2).
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3.1.4.3 Conditions for disposal site management
Disposal site conditions manage the disposal operations over specific locations or timing. It was
recognised that some conditions relating to specific disposal practices, such as disposing ‘evenly’
across a disposal site need to be backed up by a degree of monitoring to enable effective
enforcement. Regularly used conditions relating to the location of disposal and timing of disposal
remain.
During the review some of the most site-specific disposal conditions were removed from the
standardised listing as they are only applicable to individual disposal sites. However, it is recognised
that site-specific conditions will still need to be included in future licences, ensuring that they adopt
similarly robust wording.
3.1.4.4 Conditions for chemical use
The existing and commonly used condition to prevent environmentally hazardous chemicals being
used within construction operations, and in particular for drilling chemicals is recognised as not
being easily enforceable. The existing condition relates to chemicals registered under the Offshore
Chemicals Regulations 2002, however the criteria used for this chemical registration is only
applicable for oil and gas usage and chemicals used specifically for offshore wind farms, or other
projects cannot be registered. It is suggested that equivalent chemical testing be undertaken, but
this is not easily enforceable as a licence condition. Similarly, previous conditions that relate to
‘suitable’ chemical coatings or treatments require addressing in relation to what is meant by
‘suitable for use within the marine environment’. There needs to be an agreed understanding on
suitability of chemicals by both the licensing authority and the applicant for generic conditions to be
applicable.
A technical assessment of the suitability of chemicals used within a project needs to be undertaken
as part of the application process. However, it is likely that the end-use chemicals will not be known
at this stage as they may be chosen by a contractor. There also needs to be some proportionality
applied to the level in which chemicals need to be reported and included within any assessment or
condition.
There is a need for this condition to better link with existing chemical listings and requirements such
as the Health and Safety Executive or International Maritime Organisation, in particular REACH
(Registration, Evaluation, Authorisation and restriction of Chemicals) which came into UK law on the
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1st June 2007. REACH is the system for controlling chemicals in the EU and prioritises the registration
of chemicals that are classified as Substances of Very High Concern (SVHC) due to their hazardous
properties which includes potential persistent, bio-accumulative and toxic effects in the
environment. Also, under the REACH regulations (EC No. 552/2009) Annex XVII provides restrictions
on the use of chemicals which in relation to marine construction works. It highlights that mercury,
arsenic and organostannic compounds are not to be used as a biocide to prevent fouling by micro-
organisms, plants or animals on the hulls of boats; cages, floats, nets and any other appliances or
equipment used for fish or shellfish farming; or any totally or partly submerged appliances or
equipment.
The application of the detail set out in the REACH regulations and other requirements in relation to
suitable chemicals used in the marine environment requires further assessment beyond the scope of
this project. There needs to be a more coherent review of marine chemical assessment to provide
either appropriate guidance for applicants and the licensing authority, or clear restrictions that can
be applied during the assessment process. It is not possible to suggest appropriate licence conditions
in relation to chemical use at this stage, and it is recommended that this issue is considered further
by MMO and Cefas.
3.1.4.5 Conditions for excavation/structure removal
The key condition relating to removal of structures is to ensure that structures are removed
completely, if this is not possible then they will need to be removed to a depth below the seabed
which does not pose a hazard to other seabed users. It is recognised that the new marine licensing
system will cover the entire life of the project, therefore where structures are removed to a depth
below the seabed, there is a requirement that this accounts for changes in seabed levels.
3.1.4.6 Conditions for pile driving
It was noted that any reference to ‘soft start’ needs to include specific requirements as to what is
meant by ‘soft start’. The JNCC (2009) guidelines that are employed in Offshore Wind Farm (OWF)
licensing have been used to specify a ‘soft start’ method. It is recognised that this may vary on a site
specific level and therefore the applicants should provide soft start methodology where pile driving
of large piles is occurring. It is noted that there are other conditions in relation to pile driving that
are used within the standardised OWF licence conditions. Not all have been included as they relate
either to marine mammals, in which appropriate licence conditions would be suggested by
Rationalisation of FEPA licence conditions and licence categories
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conservation agencies, or relates to noise monitoring which would only be required in site specific
circumstances and could be dealt with alongside any other monitoring requirements.
3.1.4.7 Conditions for pollution from plant, equipment and/or vessels
Standardised methods that are compliant with the Control of Pollution (Oil Storage) (England)
Regulations 2001 are included within the licence conditions. There is also recognition of the need to
be compliant with oil spill regulations and practices, in which marine pollution contingency plans
need to be applied in major operations.
3.1.4.8 Conditions in relation to prevention of unlicensed waste at sea
The disposal of dredged material from coastal areas has the potential to transport man-made waste
material with dredged sediment to offshore sites if it is not managed responsibly. It is important that
methods are employed that prevent this from occurring, particularly in high risk industrial or
residential areas. Previous conditions have been highlighted as unenforceable as the definition of
screening was not provided. Screening methods will vary depending on the nature of the dredging
operations but will commonly involve passing material through a grid screen that excludes large
items of man-made waste material. It is recognised that this will not always be possible, for example
if consolidated material is being removed by bucket dredger. It is therefore important that the use of
the condition does not impose impractical methods onto dredging operations. The issues regarding
the need for screening should be recognised by the applicants, and this should be considered as
early as possible during the application process. It is recommended that the applicants present
practical solutions to this within the application that can then be applied within the framework
presented in the suggested conditions.
3.1.4.9 Conditions for rock placement
The nature of the material used within the works should be assessed during the application stage.
The conditions are recommended in a format that provides the necessary detail of rock material,
ensuring that the assessment process confirms that the material does not present a contamination
concern (e.g. masonry/builders rubble) and is inert (will not change the chemical balance, pH of the
environment in which it is placed).
Rationalisation of FEPA licence conditions and licence categories
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3.1.4.10 Conditions for temporary works/waste/debris
The conditions recognise that waste should be stored on site using appropriate methods that reduce
the risk of marine contamination. Waste is broadly recognised as any substances or objects which
the holder discards, intends to discard, or is required to discard. The time-bound removal of all other
temporary material and structures at the end of the works is also included in the conditions.
3.1.4.11 Conditions for tracer use
It is recognised that exemptions will be applied to tracers in certain circumstances, while the
requirements for exemption is still to be determined there are some generic conditions in relation to
tracers that are recommended. A precautionary ‘vicinity’ is defined in relation to potential impacts
to sensitive areas such a shellfisheries to support enforceability.
3.1.4.12 Conditions for wet concrete use
Throughout the process there have been a number of different iterations of conditions in relation to
the use of wet concrete. The use of wet concrete within the marine environment does present a
hazard in terms of its potential to be highly alkaline, toxic and cause high levels of suspended
sediment. It is recognised that marine constructions may require specialist applications of wet
concrete; therefore its exclusion from the marine environment is not appropriate. There are many
methods that can be used to ensure wet concrete is used appropriately, however it is not practical
to apply these as enforceable conditions. It is recommended that the application clearly details how
wet concrete will be used during the works and demonstrates that it is will be applied appropriately
in the marine environment. The conditions suggested focus on the prevention of disposal of
concrete waste or wash water within the marine environment, and the protection of contamination
due to concrete spraying.
3.1.4.13 Conditions for information to the licensing authority
The importance of notifying the appropriate MMO local officer was noted during the MMO
workshop. This is applicable at both the start and the end of the works, to ensure that any post work
conditions have been complied with.
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3.1.4.14 Conditions for rock transhipment
The need for a coherent set of conditions for rock transhipment was discussed within the MMO
workshop, as it involves pre-, during and post- work requirements. Lessons learned from case history
have been applied and it was recommended that the conditions applied to the Jaywick FEPA licence
be used as standardised conditions. The relevant conditions from the Jaywick licence have been
developed into standard conditions in order of pre-, during and post- requirements. A clear
separation of such requirements may be employed depending on the framework of the marine
licence.
3.1.4.15 Monitoring Conditions
It was recognised at the MMO workshop that while there is a need to review the wording of
monitoring conditions it should not be a priority for this project. There are existing frameworks
applied to renewable and aggregate licence conditions that could be employed for FEPA works. The
review of conditions has highlighted some overarching requirements that are applicable to any
monitoring conditions:
A monitoring condition should clearly set out what needs to be undertaken prior to the
works or a monitoring survey being undertaken. This includes approval of monitoring as a
‘baseline’ prior to works commencing.
Requirements for written approval by the licensing authority should be clearly set out and
time-bound
Similarly, any during works and post work monitoring should include time-bound reporting
and approval requirements.
4 Linking categories and conditions
4.1 Linking categories and conditions
Based upon the complexities highlighted with applying standard licence conditions, and the complex
nature of marine projects it is not possible to directly link licence conditions with activities. The scale
and complexity of the type of marine projects will vary greatly, and the need for licence conditions is
determined not only by the activity undertaken but also the significance of the effect of that activity.
Rationalisation of FEPA licence conditions and licence categories
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Therefore, an additional stage in characterising the aspects of a licensable activity is adopted to
provide a staged linkage between activity and licence conditions.
4.1.1 Identification of component parts - processes
There are certain common characteristics to projects which have a clearer relation to impacts and
therefore licence conditions, these are the specific activities that are the component parts of a
construction or disposal project, and are referred to within this report as ‘processes’. These include
the construction processes such as pile driving, which will cause certain environmental pressures
regardless of whether it is pile driving within a OWF construction, pier construction or port
development. Commonly used processes are provided below and have been adapted from CIRIA
guidance (2003):
Process Description
Demolition Demolition is the deconstruction of structures
Dredging Dredging is an excavation activity or operation usually carried out at least partly underwater with the purpose of gathering up bottom sediments and disposing of them at a different location.
Excavation Excavation is the act of digging, scooping or cutting to form a cavity
Sea disposal of dredged material Placement of dredged material at a designated disposal site in the sea.
Drilling Drilling is a cutting process that is used to bore through a foundation/seabed
Blasting Blasting is the controlled use of explosives to excavate or remove material.
Ploughing/cutting Ploughing and cutting is the use of equipment over the seabed to excavate material by pushing it and separating it out of the way.
Jetting Injection of a small jet of water under low pressure into the seabed to bring the sediment in suspension
Trenching Trenching is the excavation of material to create a long depression in the seabed.
Nourishment & reclamation Nourishment is the process by which sediment lost through erosion is replaced artificially. Reclamation is the process of creating new land from the sea or river bed.
Placement of rock & precast concrete
Placement of rock and precast concrete below MHWS
Concrete pours and sprays Placement of wet concrete to create a structure or casing
Grouting Filling of crevices, cracks and joins with a cement mixture
Timberwork The use of wood as a construction material
Pile driving Mechanically driving piles into a foundation/seabed – often by hammering
Vibro-piling Mechanically driving piles into a foundation/seabed using
Rationalisation of FEPA licence conditions and licence categories
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vertical vibrations
Painting Application of a thin layer of paint, or other coating or treatment products onto physical structures to provide a protective layer
Marine plant Sea based equipment for undertaking construction works
Land based plant Land based equipment for undertaking construction works
Tracer release A substance is put into the marine environment to track a natural process. Sampling or monitoring is required to understand the outcome of the survey.
4.1.2 Linkage to licence categories and conditions
Three key aspects of a project have been identified:
The licensable activity – its sector/purpose (and structures involved for construction
projects)
The processes that are undertaken during the construction and dredging works
The licence conditions that are required
The schematic below shows how they can link together to provide a coherent method for selecting
licence conditions appropriately for a licensable activity.
Figure 3. Relationship between licence categories and conditions
Matrices are provided within this report that provides linkages at each stage, the schematic below
shows how these can be used.
Rationalisation of FEPA licence conditions and licence categories
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Figure 4. Relationship between licence categories, processes and condition matrices
To link standardised licence conditions with specific activities and the processes undertaken within
the works the terminology can follow logical links between the matrices. A matrix demonstrating the
linkage between processes and licensable activities is provided in full in Annex C. Depending on the
processes involved a suite of licence conditions can be suggested, a matrix demonstrating the
linkage between processes and licence conditions is provided in full in Annex E. The selection of
appropriate individual conditions to be used will be dependent on the nature and significance of the
impact of the activity, and therefore needs to be informed by a level of assessment.
The terminology used is consistent with that applied within the Risk Based Approaches developed by
Cefas (Judd 2011). The processes and activities described within this project are used within part of
the Risk Based Approach in determining the potential pressure of an activity.
See Annex B
See Annex C
See Annex E
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5 Conclusions and Recommendations
The project has achieved the aims and objectives by providing an up-to-date list of construction
categories with descriptions, a list of rationalised and standardised licence conditions and providing
a method to link the activity with appropriate licence conditions. The categories and conditions are
provided as a proposed framework that can assist the MMO licensing process, and can be reviewed
and adapted as the new marine licensing system develops.
The project has highlighted the level of detail required from the application process to consider
appropriate and enforceable mitigation. The work undertaken in revising the licence conditions has
highlighted this aspect, and the input provided by the MMO enforcement team has stressed the
importance that lessons are learnt from case history and future conditions are both coherent for the
applicant and licensing authority, and enforceable.
The conditions need to be capable of adopting the ‘best practicable environmental option’ and this
will require input from many parties in determining what the environmental constraints are, and
what can be undertaken as practical mitigation options. Many of the environmental issues are well
understood, however an additional level of input is required from the applicants to provide detailed
methods of mitigation. Guidance would be helpful for all parties that highlights the common issues
that licence conditions are put in place to address, and that these issues should be considered as
early as possible within the design, planning and application process.
It has not been possible to fully standardise conditions in relation to chemicals that are suitable for
use within the marine environment within this project. It is recommended that a technical
assessment and review of existing guidance and legislation in relation to marine chemicals is
undertaken to provide either appropriate guidance for applicants and the licensing authority, or
clear restrictions that can be applied during the assessment process.
It is recognised that the proposed conditions are focused on the issues relating to Cefas advice, and
that additional conditions will be suggested by other consultees including conservation and heritage
organisations. With the development of a single marine licence it is also suggested that there will
need to be a broader join to conditions that have been standardised for use within aggregate and
OWF licensing.
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The proposed conditions require testing within the advisory and licensing process and it is
recommended that regular reviews of conditions are undertaken to ensure that they remain
practical and suitable for use. Continued input from the MMO enforcement team will assist in
ensuring conditions are robust and enforceable.
6 Acknowledgements
Shelley Vince and Luca Doria have provided a great deal of input and assistance into the review of
existing licence categories and conditions and providing descriptions for proposed categories.
Andrew Birchenough, Chris Vivian and Adrian Judd have provided regular reviews and steer
throughout the project. Katie Hill and Brian Hawkins have assisted by facilitating input into the
project from a MMO perspective.
7 References
Judd, A (2011) Exploring Options for Risk Based Approaches to Regulatory Advice within Cefas (and
wider application by regulators) – Final Report. 11th January 2011. Environment & Ecosystems
Divisional Seedcorn Project.
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8 Annex A – Licensable Activities – Categories and Descriptions
8.1.1 Descriptions of high level categories - sectors/purpose
Sector/Purpose Description – all works involve the construction, repair or
removal of structures and sub-structures associated with the
identified sector/purpose.
Port/Harbour walls, jetties and
breakwaters
Works involved on the major structures (e.g. breakwaters) and
sub-structures (e.g. piles, walls) of ports and harbours, which
are sheltered bodies of water where vessels can shelter from
adverse weather and/or undertake loading and unloading
procedures.
Flood and coastal erosion
protection
Structures along water body slopes or banks installed to prevent
erosion by surface runoff, stream flows and/or wave action.
Energy generation – wind power Structures installed for the purpose of energy generation from
wind resources including energy generation device (e.g. turbine)
and associated structures (e.g. foundations, cables)
Energy generation – wave power Structures installed for the purpose of energy generation from
wave resources (e.g. buoy, pump) and associated structures
(e.g. foundations, cables)
Energy generation – tidal power Structures installed for the purpose of energy generation from
tidal resources wave resources (e.g. turbine) and associated
structures (e.g. foundations, cables)
Artificial reef A man-made, underwater structure, typically built for the
purpose of promoting marine life, or to improve hydrodynamics
e.g. for surfing or to control beach erosion.
Slipways, causeways and
launching ramps
A sloping surface leading down to the water, on which ships are
launched, recovered, built or repaired (slipway/causeway), or a
surface (road) elevated above a sandbank, marsh or broad body
of water.
Pipelines and cables Pipeline - A pipe structure for the intake or discharge of water
or effluent or gaseous substances may be placed either
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Sector/Purpose Description – all works involve the construction, repair or
removal of structures and sub-structures associated with the
identified sector/purpose.
underneath or on top of the sea-bed surface.
Cable - A linear conductor for transmitting electrical or optical
signals or electric power often in casing, it may be placed either
underneath or on top of the sea-bed surface.
Outfalls and intakes Outfall - A structure for the discharge of water or effluent into
receiving waters
Intake - A structure for the intake of water into a pipe or
channel
Piers and bridges A structure extending from shore over water and supported by
piles or pillars
Habitat creation The placement of material or structures to establish a
ecosystem in an area that did not previously support that
system, or on severely altered sites.
Aquaculture Structures for the purpose of rearing aquatic animals or
cultivating aquatic plants for food
Meteorological mast A structure fitted with gauges for recording weather
information (e.g. wind speed, wind direction, gusts,
temperature)
Scour protection The placement of structures or material to prevent the
movement of sea-bed material by hydrodynamic processes (i.e.
currents, waves).
Ground investigation works The undertaking of geotechnical surveys to collect samples or
gain information on the surrounding geology.
Munitions The deposit of materials associated with testing and evaluating
munitions and related equipment. This does not include the
firing of such equipment, merely the placement of fired
munitions.
Oil, gas and carbon capture
installations
Structural works involved in the process of capturing and
compressing greenhouse gas pollution from coal or gas power
plants, and storing it underground in suitable geological
formation (also known as geosequestration) –where not
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Sector/Purpose Description – all works involve the construction, repair or
removal of structures and sub-structures associated with the
identified sector/purpose.
covered by other Petroleum regulations
Scientific equipment and
navigational aids
Placement of a structure or device to gather scientific
information or aid navigational passage.
Removal of litter The removal of litter with vehicles where likely to impact a
European designated conservation area or MCZ
Seaweed harvesting The removal of seaweed with vehicles where likely to impact a
European designated conservation area or MCZ
Miscellaneous Works associated with artistic installations, e.g. sculptures
This approach could also be expanded to include other works such as disposal at sea and tracer
applications, for example:
Sector/Purpose Description – works that involve dredging and disposal of
material at sea
Navigational channel A channel cut through the sea or river bed to enable passage of
vessels
Sector/Purpose Description
Tracer release Works that involve the discharge of chemical or microbial
material to trace water flow
8.1.2 Descriptions of detailed categories for structures
Structure Description
Erosion/flood/scour protection structures
Armour Facing/revetment A layer of stone, concrete, or other hard material
supporting the side of a sloping face to provide shore
protection.
Bank stabilisation Structural means of stabilising banks to prevent or slow
down further erosion
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Structure Description
Rock placement The placement of rock to provide supporting structures
and/or protection from erosion.
Gabion Steel wire-mesh basket to hold stones or crushed rock to
protect a bank or bottom from erosion
Mattress A mat-like protective covering placed upon seabed,
riverbed or bank to prevent erosion, scour or fouling
Berm Rubble mound with horizontal berm of armour stones at
about seaside water level, which is allowed to be shaped
by the waves.
Wave screen Permeable structures consisting of a line of spaced
vertical piles, often in parallel to the coast to encourage
accretion by reducing ‘drawdown’ of sediment during a
storm and breaking the force of waves.
Breakwater A wall built seaward of a coast to intercept incoming
waves and so protect a harbour or shore.
Groyne Shore protection structure built perpendicular to the
shore, designed to trap sediment
Training wall Wall built to confine or guide the flow over the
downstream face of an overflow dam or in a channel
Barrage A barrage is an artificial obstruction at the mouth of a
tidal watercourse, built to increase depth or divert flow.
Beach nourishment Artificial process of replenishing a beach with material
from another source which lies either inland or may be
dredged from offshore
Coastal protection reef A man-made, underwater structure, typically built for the
purpose to improve hydrodynamics etc to control beach
erosion.
Tidal barrier An artificial obstruction in a tidal watercourse, built to
increase depth or divert flow.
Supportive/landing structures
Marina A harbour for small boats commonly for recreational
purposes
Pier A platform extending from a shore over water and
Rationalisation of FEPA licence conditions and licence categories
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Structure Description
supported by piles or pillars
Jetty A structure, that projects into a body of water to
influence the current or tide, to protect a harbour or
shoreline from storms or erosion, or to provide a landing
stage
Pontoon A floating structure that is used to provide support,
mooring or serve as a dock
Slipway A sloping surface leading down to the water, on which
ships are launched, recovered, built or repaired
Causeway A surface (road) elevated above a sandbank, marsh or
broad body of water
Launching ramp A sloping surface leading down to the water, on which
ships are launched
Foundation A structure that transfers loads to the earth/sea bed.
Dock wall A commercial waterfront that serve as a general landing
area for ships or boats
Bridge supports Foundations, often piled, to support bridge structures
across a body of water
Scientific/Navigational/mooring aids
Moorings Placement of a structure such as anchors and chains to fix
or secure an object such as a vessel.
Buoys and markers Distinctively marked anchored or floating object that aids
navigation
Scientific equipment A structure or device (anchored or floating) to gather
scientific information
Energy/communication structures
Sub station A subsidiary station where electricity is transformed for
distribution by a low-voltage network
Turbine (wind and tidal) A turbine is a rotary engine that extracts kinetic energy
from a fluid or air flow and converts it into useful work.
Cable A conductor for transmitting electrical or optical signals
or electric power
Meteorological mast A gauge for recording the speed and direction of wind
Rationalisation of FEPA licence conditions and licence categories
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Structure Description
Tidal barrage A barrage creating a water level difference between an
impounded basin and open sea/water body as the tide
rises or falls. This may be as a tidal lagoon which uses a
perimeter embankment to impound the water and
therefore may be sited offshore or connected to land.
Electricity is generated by turbines.
Tidal stream device A device for generating energy from tidal stream energy,
may take many forms including a rotating turbine,
hydroplane, hydrofoil, or sail.
Wave device A device for generating energy from wave energy, may
take many forms including oscillating water column
devices, hydraulic pressure devices, overtopping devices,
and single or multi point buoys.
Energy device foundation A structure that supports the energy device, this may be
monopiles, large pre-cast concrete structures, pin piles
etc.
Discharge/intake structures
Pipe Construction of a pipe structure for the intake or
discharge of water or effluent or gaseous substances
Outfall A structure for the discharge of water or effluent into
receiving waters
Intake A structure for the intake of water into a pipe or channel
Habitat land creation
Land Reclamation The process of creating new land from sea or riverbeds.
Areas of land that were once below the sea are either
blocked off and the sea water pumped out, or material is
dumped into the sea to raise the level of the seabed until
it becomes dry land.
Habitat creation The placement of material or structures to establish a
ecosystem in an area that did not previously support that
system.
Habitat remediation, e.g. mud
flat/saltmarsh feeding
A method of regenerating tidal mud flats or saltmarsh
which have a degraded or eroding profile by deposition of
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Structure Description
silt material.
Investigative works
Borehole A hole bored into the ground to collect samples for
analysis or to extract oil or water
Oil, gas, carbon capture/storage
Platform An offshore platform (floating or fixed to the sea bed)
from which wells can be bored
Well A vertical pipe in the ground into which water, other
liquids, or gases are pumped or allowed to flow
Subsea facility Bottom founded facilities from which jack-up rigs, diving
operations and unmanned vehicles can operate from.
Decorative/recreation structures
Sculpture, statue, fountain Sculpture/Statue - A three-dimensional form or likeness
sculpted, moulded, carved, or cast. Fountain - a structure
from which an artificially produced jet of water arises
Artificial reef A man-made, underwater structure, typically built for the
purpose of promoting marine life, to improve
hydrodynamics e.g. for surfing or diving
Munitions
Fired munitions The deposit of materials associated with testing and
evaluating munitions and related equipment. This does
not include the firing of such equipment, merely the
placement of fired munitions.
Return to main document
Rationalisation of FEPA licence conditions and licence categories
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9 Annex B – Licensable Activities - Matrix of sector and structure categories
P
ort
/Har
bo
ur
wal
ls, j
etti
es
and
bre
akw
ater
s
Flo
od
an
d c
oas
tal e
rosi
on
pro
tect
ion
Ener
gy g
ener
atio
n –
win
d p
ow
er
Ener
gy g
ener
atio
n –
wav
e p
ow
er
Ener
gy g
ener
atio
n –
tid
al p
ow
er
Art
ific
ial r
eef
Slip
way
s, c
ause
way
s an
d la
un
chin
g ra
mp
s
Pip
elin
es
and
cab
les
Ou
tfal
ls a
nd
inta
kes
Pie
rs, j
etti
es a
nd
bri
dge
s
Hab
itat
cre
atio
n
Aq
uac
ult
ure
Met
eoro
logi
cal m
ast
Sco
ur
pro
tect
ion
Gro
un
d in
vest
igat
ion
wo
rks
Mu
nit
ion
s
Oil,
gas
an
d C
arb
on
cap
ture
inst
alla
tio
ns
Scie
nti
fic
equ
ipm
ent
and
nav
igat
ion
al a
ids
Rem
ova
l of
litte
r an
d s
eaw
eed
*
Mis
cella
neo
us
Erosion/flood/scour protection structures
· Armour Facing/revetment * * * * * * *
· Bank stabilisation * *
· Rock placement * * * * * * * * * * *
· Gabion * * * * * * * * * * *
· Mattress * * * * * * * * * * *
· Berm *
· Wave screen *
· Breakwater * *
· Groyne *
· Training wall * *
· Barrage * *
· Beach nourishment * *
· Coastal protection reef * *
· Tidal barrier * *
· Cofferdam * * * * * * * * *
Supportive/landing structures
· Marina *
· Pier * *
· Jetty * * *
· Pontoon * * *
· Slipway * *
· Causeway * *
· Launching ramp * *
· Foundation *
* * * *
· Wall (supportive, not for purpose of marine craft) *
· Dock wall *
· Bridge supports *
Scientific/Navigational/mooring aids
· Moorings * * * * * * *
· Buoys and markers * * * * * * *
· Scientific equipment *
Energy/communication structures
· Sub station * * *
· Turbine * * *
· Cable * * * * *
· Meteorological mast * * *
· Tidal Barrage *
· Tidal device
*
· Wave device
*
· Energy device foundation
* * *
Discharge/intake structures
· Pipelines * *
· Outfall *
· Intake *
Habitat land creation
· Land Reclamation * *
Rationalisation of FEPA licence conditions and licence categories
Page 24 of 2
P
ort
/Har
bo
ur
wal
ls, j
etti
es
and
bre
akw
ater
s
Flo
od
an
d c
oas
tal e
rosi
on
pro
tect
ion
Ener
gy g
ener
atio
n –
win
d p
ow
er
Ener
gy g
ener
atio
n –
wav
e p
ow
er
Ener
gy g
ener
atio
n –
tid
al p
ow
er
Art
ific
ial r
eef
Slip
way
s, c
ause
way
s an
d la
un
chin
g ra
mp
s
Pip
elin
es
and
cab
les
Ou
tfal
ls a
nd
inta
kes
Pie
rs, j
etti
es a
nd
bri
dge
s
Hab
itat
cre
atio
n
Aq
uac
ult
ure
Met
eoro
logi
cal m
ast
Sco
ur
pro
tect
ion
Gro
un
d in
vest
igat
ion
wo
rks
Mu
nit
ion
s
Oil,
gas
an
d C
arb
on
cap
ture
inst
alla
tio
ns
Scie
nti
fic
equ
ipm
ent
and
nav
igat
ion
al a
ids
Rem
ova
l of
litte
r an
d s
eaw
eed
*
Mis
cella
neo
us
· Habitat creation * *
· Habitat remediation, e.g. mud flat/saltmarsh feeding * *
Investigative works
· Borehole * * * * * * *
Oil, gas, carbon capture/storage
· Platform *
· Well *
· Subsea facility *
Decorative/recreation structures
· Sculpture, statue, fountain *
· Artificial reef *
Munitions
· Fired munitions *
Return to main document
Rationalisation of FEPA licence conditions and licence categories
Page 25 of 1
10 Annex C – Matrix of Licence Categories (sectors) and Processes
P
ort
/Har
bo
ur
wal
ls, j
etti
es
and
bre
akw
ater
s
Flo
od
an
d c
oas
tal e
rosi
on
pro
tect
ion
Ener
gy g
ener
atio
n –
win
d p
ow
er
Ener
gy g
ener
atio
n –
wav
e p
ow
er
Ener
gy g
ener
atio
n –
tid
al p
ow
er
Art
ific
ial r
eef
Slip
way
s, c
ause
way
s an
d la
un
chin
g ra
mp
s
Pip
elin
es
and
cab
les
Ou
tfal
ls a
nd
inta
kes
Pie
rs, j
etti
es a
nd
bri
dge
s
Hab
itat
cre
atio
n
Aq
uac
ult
ure
Met
eoro
logi
cal m
ast
Sco
ur
pro
tect
ion
Gro
un
d in
vest
igat
ion
wo
rks
Mu
nit
ion
s
Oil,
gas
an
d C
arb
on
cap
ture
inst
alla
tio
ns
Scie
nti
fic
equ
ipm
ent
and
nav
igat
ion
al a
ids
Rem
ova
l of
litte
r an
d s
eaw
eed
*
Mis
cella
neo
us
Nav
igat
ion
al c
han
nel
(I.
e. –
dre
dgi
ng
pro
ject
s)
Trac
er r
elea
se
Demolition * * * * * * *
Dredging * * * * *
Excavation * * * * * * * * *
Sea disposal dredged material * * *
Drilling * * * * * * * * * * *
Blasting * * * * * * *
ploughing/cutting * * * * * * *
Jetting * * * * * *
Trenching * * * * * * * * * * * *
nourishment & reclamation * *
placement rock, precast concrete * * * * * * * * * * * * * * * *
Concrete pours and sprays * * * * * * * * * * * *
Grouting * * * * * *
Timberwork * * * * *
Pile driving * * * * * * * * * *
Vibro-piling * * * * * * * * * *
Painting * * * * * * * * *
Marine plant * * * * * * * * * * * * * * * * * * *
Land based plant * * * * * * * * * * *
Tracer release
*
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Rationalisation of FEPA licence conditions and licence categories
Page 26 of 16
11 Annex D – Standardised FEPA conditions
1. Damage/disturbance to seabed/sediment.
Main Categories
Sub-categories Condition Reason
Mitigation Damage/ disturbance to seabed/sediment
1.1a The Licence Holder must ensure that backfill operations return the intertidal area to its original profile. 1.1b [A baseline (photographic or other method) survey must be reported to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing.] On completion of the works a repeat (photographic or other method) survey must demonstrate that the intertidal area has been restored and be reported to the Licensing Authority for approval.
This is to ensure the seabed is returned to a similar state as possible after works to promote recovery.
Use of condition
This condition is only applicable for works that involve excavation, creation of trenches etc such as during the placement of an outfall or as ground investigation works. The purpose of the condition is to promote recovery, also exposed excavations may result in additional scour and suspension of sediments after the works. There are powers within the MCAA (71(3)e) to require remediation. Where this condition is required it must be accompanied by a degree of monitoring and reporting to ensure compliance can be demonstrated (1.1b). The level of monitoring will be proportional to the works, For this condition to be applied it must include: - A requirement to provide baseline information that post-work information can be compared to. This will be either provided within the application or
as a pre works condition, e.g. photographic survey, bathymetric survey, shoreline profiles. The baseline will need to be agreed with the licensing authority.
- A requirement to provide a report that following the works that demonstrates that remediation/re-instatement of bed profile has been achieved; this will again constitute either photographic survey, bathymetric surveys, shoreline profiles etc.
- Timing for the provision of these reports will need to be specified within the condition.
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Mitigation Damage/ disturbance to seabed/sediment
1.2a The licence holder must only work and access the site within a defined and marked out area thereby limiting personnel and plant access to the site. The work area and access routes are defined by the (reference plan diagram or co-ordinates here). 1.2b The licence holder must only work and access the site within a defined and marked out area thereby limiting personnel and plant access to the site. Co-ordinates (in WGS84) and plan diagrams of the work area and access routes must be submitted to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing.
To minimise damage and disturbance to sensitive habitat or species from construction plant and personnel.
Use of the condition
This condition is to be used where there is concern that the movement of plant and personnel may disturb sensitive habitats or species. Therefore the working area and access routes must be defined and approved to limit the area of disturbance. If this level of detail is not available at the application stage then it must be provided and approved by the licensing authority as a pre-work condition (1.2b).
Mitigation Damage/ disturbance to seabed/sediment
1.3a The Licence Holder must employ the use of (detail method here) to minimise resuspension of sediment during the (construction or dredging) operations. 1.3b The Licence Holder must employ methods to minimise resuspension of sediment during the (construction or dredging operations). The methodology must be submitted to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing..
The reason will vary on a site specific basis, e.g. To prevent the mobilisation of contaminated sediment material. To prevent smothering of adjacent sea grass habitat
Use of condition
This condition is to be employed where specific measures are needed during dredging or construction operations to minimise resuspension of sediments. This may be to contain contaminated material or to prevent smothering of sensitive habitats. The methods must be specified and may include, use of backhoe buckets, physical barriers, silt curtains or bubble screens. Supplementary detail can be provided in an annex or make reference to a separate document, however this will need clear referencing, dates and version control.
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If this level of detail is not available at the application stage then it must be provided and approved by the licensing authority as a pre-work condition (1.2b). Example condition: The Licence Holder must employ the use of silt curtains to minimise resuspension of sediment during the pile extraction operations. The silt curtain will comprise a semi-permeable membrane with a floating collar and weighted bottom hem placed over the pile and extending to the sea bed. Piling with the silt curtain will only commence when tides are not pulling sea bed material into the main channel flow. Reason: To prevent mobilisation of contaminated sediment material.
2. Placement of sediment (beneficial use/beach recharge)
Main Categories
Sub-categories Condition Reason
Mitigation Placement of
sediment (beneficial
use/beach recharge)
2.1 The Licence Holder must ensure that the placement of
material is carried out at during the period of (x hours after low
water to x hour before high water at xxxx/ between month and
month inclusive) to minimise impact to xxx.
The reason will vary on a site specific basis, e.g.
To minimise the transport of material down stream and
potential smothering of designated shellfish beds.
Use of condition
This condition is employed where the placement of sediment needs to be managed to ensure material is not transported towards a sensitive receptor or
limited to less sensitive months (e.g. avoidance of sensitive spring spawning season).
Mitigation Placement of
sediment (beneficial
use/beach recharge)
2.2 The material to be placed must be (define sediment) obtained
only from (provide location).
To ensure that only that material which is suitable for the
purpose of its use is used.
Use of
condition
This condition is to specify the physical nature and source of material to be deposited. This material will have been assessed as suitable for its use as part of
the application process. The physical nature should refer to the size classification of the sediment, e.g. sand, gravel or silt (i.e. based on folk classification) or
max/min grain size if required. The source of the material should be identified, this may be a commercial source (e.g. aggregate extraction site), or nearby
sediment sink (e.g. dredged area that should be identified by co-ordinates in WGS84).
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3. Disposal site management
Main Categories
Sub-categories Condition Reason
Mitigation Disposal site
management
3.1a The licence holder must ensure that during the course of
disposal, material is distributed evenly over disposal site (code)
and ensure that no depths within the disposal site are reduced to
less than (state depth) below Admiralty Chart datum.
3.1b Monitoring of (state method) must be undertaken (state
timing) and reported to the Licensing Authority for written
approval/agreement.
To ensure that a reasonably even spread of material is achieved over
the area of the disposal site to avoid shoaling.
Use of the
condition
- This condition needs to be used proportionally and only applies to specific disposal sites and applications. It also needs to be synchronised with other licences
for multi-use sites
- Where the condition is employed it will need to be tied to a method that demonstrates this has been achieved, e.g. use of a grid system, vessel tracking and
disposal records, bathymetric monitoring. The demonstration method will need to be detailed in the condition along with a reporting protocol.
Example condition:
3.1a The licence holder must ensure that during the course of disposal, material is distributed evenly over disposal site IS205 and ensure that no depths within
the disposal site are reduced to less than 7.0m below Admiralty Chart datum.
3.1b Monitoring of depths by hydrographic surveys must be undertaken on a quarterly basis from the commencement of disposal until disposal is complete, and
reported to the Licensing Authority for approval
Mitigation Disposal site
management
3.2 Material must be disposed of within (insert additional details
here if necessary) disposal site xxxx (name and code)
To ensure material is deposited within the appropriate disposal area
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4. Chemical use
Main Categories
Sub-categories Condition Reason
Mitigation Drill chemical use 4.1 The Licence Holder must ensure that all chemicals utilised are
selected from the list of notified chemicals assessed for use by
the offshore oil & gas industry under the Offshore Chemicals
Required for large scale marine works, such as windfarm piling where
chemicals are needed for drilling sockets, biocides etc. Use of chemicals
from the list in this context is only intended to be indicative of the
Use of
condition
- This condition is employed to ensure that the material is only disposed of within a suitable, designated disposal site. It can be stated as the location of the
disposal only, but also provide more detail where only a specific proportion of the disposal site is suitable for disposal (e.g. Souter Point Outer where material
is to be disposed of within a 250m radius the point disposal site).
Mitigation Disposal site
management
3.3 Disposal is not permitted during the period of (x hours after
low water to x hour before high water at xxxx/ between date and
date inclusive)
The reason will vary on a site specific basis, e.g.
To minimise the transport of material down stream and potential
smothering of designated shellfish beds.
Use of
condition
- This condition is employed where the placement of sediment needs to be managed to ensure material is not transported towards a sensitive receptor or
limited to less sensitive months (e.g. avoidance of sensitive spring spawning season).
Mitigation Disposal site
management
3.4 Diffusers must be fitted to the discharge end of the pipeline
to maximise dispersion.
This is to ensure the dispersion is maximised to mitigate the potential
risk of smothering of sensitive environmental receptors
Use of
condition
- This condition is only required in specific circumstances, predominantly for beneficial use disposals within estuarine environments. The condition will need to
be discussed as part of the application process and disposal methodology. It will require inspection before vessel is operable.
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Regulations 2002 (this list can be sourced on www.cefas.co.uk) or
has gone through a similar level of ecotoxicological hazard/risk
assessment. Should any system other than a water-based mud be
considered for use in the drilling operation written approval and
guidance of disposal of any arisings will be required from the
Licensing Authority
And
7.3 The Licence holder must ensure that any coatings/treatments
are suitable for use in the marine environment and are used in
accordance with best environmental practice, (e.g. approved by
HSE, EA Pollution Prevention Control Guidelines)
environmental effects (OCNS registration involves testing for toxicity,
bioaccumulation and persistence) because the criteria in the
classification are specific to oil and gas (it is not appropriate for non-oil
& gas chemicals to be registered under the OCR 2002 Regs). Registration
or equivalent testing is to ensure that hazardous chemicals that may be
toxic, persistent or bioaccumulative are not released into the marine
environment and used appropriately.
Pre-workshop MMO Comments
- How can this be inspected?
- How would the inspector know whether a particular chemical had ‘gone through a similar level of ecotoxicological hazard/risk assessment’?
- Who within the Licensing Authority would provide the ‘written approval and guidance of disposal of any arisings’- what would the document look like, and
what information would it contain? Would it be possible to see an example so that the person undertaking the inspection knows what to look out for?
- Licence shouldn’t be granted if drilling mud is not known, or specify that licence must be varied if any system other than a water-based mud is to be used.
Workshop
comments
/action
- It is recognised that this is not easily enforced and requires a technical assessment. The information on the chemicals being used should be provided during the
application process. Any condition needs to be clear on what chemicals it relates to (e.g. all chemicals or drilling muds) and proportional. There may be other
listings of chemicals that can be referred to, as well as other statutory requirements to consider e.g. HSE/IMO.
- This needs to be considered on a broader level as part of the application process rather than a licence condition, consideration needs to be given to develop
listings of suitable or unsuitable chemicals that can be referenced as part of the application process.
- Action – Cefas to investigate existing listing/statutory requirements regarding the use of chemicals in the marine environment. Condition as worded to be
removed from standard listing
5. Excavation/structure removal
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Main Categories
Sub-categories Condition Reason
Mitigation Excavation/
structure removal
5.1a The Licence Holder shall ensure all piles are completely
removed. Where this cannot be achieved piles must be partially
removed to at least 1m below seabed level.
To ensure that the minimum amount of materials/structures is left
below MHWS and do not post a hazard to other users of the sea/sea
bed.
Use of
condition
- This condition should be employed to ensure complete removal of piles so they do not pose a hazard to navigation or the environment
Mitigation Excavation/
structure removal
5.1b Where piles cannot be completely removed, the Licence
Holder must ensure the piles are removed to at least 1m below
seabed level.
To ensure that materials/structures left below MHWS do not post a
hazard to other users of the sea/sea bed.
Use of
condition
- Piles should be completely removed in the first instance, where this cannot be achieved and the licensing authority has been informed (either during the
application process or to request a licence variation) partial removal has to be undertaken to a specified depth.
- 1m below seabed level is specified rather than chart datum to account for changes in seabed level (e.g. beach levels) that still need to be accounted for other
the lifetime of the project to remain in compliance of the condition.
6. Pile driving
Main Categories
Sub-categories Condition Reason
Mitigation Pile driving 6.1 The Licence Holder must ensure that soft-start procedures are
used to ensure incremental increase in pile power over a set time
period until full operational power is achieved. The soft-start
duration should be a period of not less than 20 minutes. Should
To allow mobile sensitive receptors to move away from the noise source,
and reduce the likelihood of exposing the animal to sounds which can
cause injury.
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piling cease for a period greater than 10 minutes, then the soft
start procedure must be repeated.
Use of the
condition
- This condition follows the JNCC (2009) statutory nature conservation agency protocol for minimising the risk of disturbance and injury to marine mammals
from piling noise. It is most appropriate for piling of large piles during major developments such as offshore wind farms, bridge constructions etc. The length of
the soft start period may vary in specific circumstances and discussion may be required during the application process to ensure that the soft start procedure is
appropriate for the local environment.
Mitigation Pile driving 6.2 Piling is not permitted during the period of (between date and
date inclusive)
The reason will vary on a site specific basis, e.g.
To reduce the risk of injury and disturbance to herring during the
spawning period.
Use of the
condition
- This condition is required in specific circumstances where piling will disturb sensitive species at particularly sensitive periods, e.g. during spawning activity. The
receptor and timings will vary on a site specific basis.
7. Pollution from plant, equipment and/or vessels
Main Categories
Sub-categories Condition Reason
Mitigation Pollution from
plant, equipment
and/or vessels
7.1 The Licence Holder must install bunding and/or storage
facilities to contain and prevent the release of fuel, oils, and
chemicals associated with plant, refuelling and construction
equipment, into the marine environment. i.e. secondary
containment should be used with a capacity of not less than
110% of the containers storage capacity.
To prevent marine pollution incidents by adopting best practice
techniques
Use of - This condition is to employ specific best practice techniques to reduce the risk of a marine pollution incident. Techniques (secondary containment to be
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condition adopted and not less than 110% of the containers storage capacity) noted in the Control of Pollution (Oil Storage) (England) Regulations 2001
Mitigation Pollution from
plant, equipment
and/or vessels
7.2a The Licence Holder must ensure that any oil, fuel or chemical
spill within the marine environment is reported to the MMO,
Marine Pollution Response Team.(
To ensure that any spills are appropriately recorded and managed to
minimise impact to sensitive receptors and general marine environment.
Use of
condition
- This condition is to ensure that even for relatively minor works, any major spillages are reported to the licensing authority for appropriate management.
Mitigation Pollution from
plant, equipment
and/or vessels
7.2b The Licence Holder must have in place a marine pollution
contingency plan. The marine pollution contingency plan must be
submitted to the Licensing Authority at least 6 weeks prior to the
commencement of the works. Written approval/agreement by
the Licensing Authority is required prior to works commencing.
All offshore installations, ports and harbours where there is a significant
risk of a spill or significant environmental sensitivities have a legal
obligation to have contingency plans in place.
Use of
condition
- This is to ensure that major operations have appropriate marine pollution contingency plans in place to effectively deal with and report and incidents. This
condition only applies for large works, such as offshore installations, ports, harbours etc.
8. Prevention of unlicensed waste at sea
Main Categories
Sub-categories Condition Reason
Mitigation Prevention of
unlicensed waste at
sea
8.1 The licence holder must ensure that (state method e.g.
dredged material is passed through grid screens no larger than
30cm) to minimise the amount of man-made materials disposed
of at sea. Any man-made material must be separated from the
dredged material and disposed of to land.
To exclude the disposal at sea of man made material such as shopping
trolleys, masonry, paint cans etc
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Use of
condition
This condition requires a specific definition of what is meant by ‘screening’ and an appropriate grid size will need to be included. This should be considered during
the application stage and will be dependent on the operation and will need to be reasonable for the operation so that it is effective and achievable. The onus
should be on the applicant to present a practical option, or demonstrate that it is not possible to undertaken screening as part of the application process. Pre-
dredge options such a removal of surface waste/debris prior to disposal at sea should also be considered.
Consideration should be given for the likely risk that man-made material will be present within the material, e.g. high risk within harbours/marinas, lower risk
within offshore dredged channels.
Under the new marine licensing system aggregates will be exempt from this requirement.
Mitigation Prevention of
unlicensed waste at
sea
8.2 Material from the area bounded by the following coordinates
is excluded from dredging and disposal at sea. The material may
not be subject to any intentional or reckless disturbance, [unless
the area is to be dredged and the material is to be removed to
land]..
To prevent contaminated material being disposed of at sea or mobilised
and causing toxic or harmful effects.
Use of
condition
- This condition is to clearly identified areas that have been excluded from disposal at sea due to contamination. The addition of ‘any intentional or reckless
disturbance’ is to ensure that the area is not excluded by other means, e.g. plough dredging which could pose a significant environmental risk by mobilising
contaminants. The inclusion of this wording will need to consider whether the material is to be removed for disposal to land or treatment, therefore
intentional disturbance will be necessary and additional mitigation should be considered (e.g. inclusion of conditions that specify mitigation such as silt
curtains)
- Latter point would require condition specifying acceptable means of dredging
9. Rock placement
Main Categories
Sub-categories Condition Reason
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Mitigation Rock placement 9.1 The rock material used is from a recognised source (define). To prevent pollution caused by material that may comes from a polluted
area or potentially change the chemical balance, pH of the environment
in which it is placed
Use of
condition
- The nature of the rock needs to be addressed at the application stage to ensure that rock is fit for its purpose, and comes from a uncontaminated, inert source
and will contain minimal fines. Contamination concerns primarily relate to the potential use of builders rubble, but also pH for certain types of rock.
- These issues need to be specified as part of the application stage, once the detail is obtained an approved as suitable for use, it can be specified within the
condition against requirements that can be proven by the applicant.
Mitigation Rock placement 9.2 The amount of rock placed must not exceed (define total
tonnage or per grade) amount and excess rock must be returned
to land
To reduce the risk of unnecessary amounts of material deposited below
MHWS and subsequent damage to seabed habitat or loss of habitat.
Use of
condition
- The quantity of rock should be specified within the application for approval and needs to be detailed within the licence. This may vary for different gradings
(e.g. shingle, rock armour etc) of material, and therefore should be specified for each grade.
10. Temporary works/waste/debris
Main Categories
Sub-categories Condition Reason
Mitigation Temporary
works/waste/debris
10.1a The Licence Holder must ensure that during the works all
wastes are stored in designated areas that are isolated from
surface water drains, open water and bunded to contain any
spillage.
10.1b The Licence Holder must ensure that any equipment,
temporary structures, waste and/or debris associated with the
To prevent materials being washed away by unfavourable weather
conditions and tides, and increasing the risk of environmental damage.
To prevent the accumulation of unlicensed materials/debris and the
potential environmental damage, safety & navigational issues
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works are removed within 6 weeks of completion of the works.
associated with such materials/debris
Use of
condition
- During the works any waste (any substances or objects which the holder discards, intends to discard, or is required to discard) must be appropriately stored to
prevent materials being washed away or contaminating water courses. This may also apply to stockpiles of excavated material in specific circumstances,
however often due to the nature of excavation (i.e. in subtidal areas) this condition will not be appropriate.
- At completion of the works all materials, temporary structures and equipment must be removed. Temporary structures may need a reasonable amount of time
for removal – 6 weeks suggested, but may be amended if more complex decommissioning is necessary.
11. Tracer use
Main Categories
Sub-categories Condition Reason
Mitigation Tracer use 11.1 Bacillus globigii spores must not be released within 1km of
shellfish harvesting areas.
This is to reduce the risk of B.globigii accumulating in shellfish that are
subject to harvesting and presenting a human health risk.
Use of
condition
- This condition is required as concern has been raised by the Department of Health because a closely related species is known to present a health risk if
ingested in large quantities. Further mitigation can be applied if there is a serious need to use B. globigii within a shellfish harvesting area, however this
condition should be applied in the first instance, particularly for more generic applications.
- This issue will be considered during the application process, as the licence will specify the location of release – if in an inappropriate location then it will not
be licensed. However, it was noted that there may be more generic licences for tracers that will need to recognise the need to avoid shellfish areas.
- A precautionary release area restriction (1km) is applied to account for the potential transport of the tracer from a release site to a shellfish harvesting area.
This may need to be re-assessed on a site specific basis dependent on tidal flow characteristics etc.
Notification Tracer use 11.2 Local MMO District Marine Office, IFCA and Food Authority
should be notified of the timing and quantity of release of any
chemical or bacteriological tracer dyes at least five days in advance
of the release within 1km of shellfish harvesting areas.
This is to raise awareness about the substances that are going to be
used should these bodies have any objections in terms of food safety.
Use of - This issue will be considered during the application process, as the licence will specify the location of release – if in an inappropriate location then it will not
be licensed. It is also noted that these authorities should also be included within the consultation. However, it was noted that there may be more generic
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condition licences for tracers and this condition should apply where the relevant authorities need to know the final timings of the tracer release.
12. Wet concrete use
Main Categories
Sub-categories Condition Reason
Mitigation Wet concrete use 12.1 The Licence Holder must ensure that no waste concrete slurry
or wash water from concrete or cement works are discharged into
the marine environment. Concrete and cement mixing and washing
areas should be contained and sited at least 10 metres from any
watercourse or surface water drain to minimise the risk of run off
entering a watercourse.
To avoid damage to the marine environment by contamination of
concrete wash water which are highly alkaline and contain high levels
of suspended sediment
Use of
condition
This condition is to reduce the risk of damaging wash-water or concrete slurry entering the marine environment as the material has a very high ph which is potentially toxic to fish/plants, the high levels of suspended sediment may also cause environmental damage. The condition is compatible with the Environment Agency Pollution Prevention Guidance recommendations for activities near water (PPG 5)
Mitigation Wet concrete use 12.2 The Licence Holder must ensure that if concrete is to be
sprayed in the vicinity of the marine environment (e.g. bridges,
retaining walls, etc) suitable protective sheeting is provided to
prevent rebounded or windblown concrete from entering the
water environment. Rebounded material must be cleared away
before the sheeting is removed.
To avoid damage to the marine environment by contamination of wet
which is are highly alkaline and contain high levels of suspended
sediment
Use of
condition
This condition is to reduce the risk of damaging wet concrete entering the marine environment as the material has a very high ph which is potentially toxic to fish/plants, the high levels of suspended sediment may also cause environmental damage.
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Notification conditions (construction and disposal projects)
Conditions are employed to ensure that suitable notification is provide to other sea users and fishermen to prevent conflict or navigational/safety risk.
There may also be requirements for supplementary information be provided to the licensing authority.
13. Fisheries liaison – no longer included in Cefas advice – defer to local MMO
14. Information to Licensing Authority
Main Categories
Sub-categories Condition Reason
Notification Information to
Licensing
Authority
14.1 The District Marine Office must be notified of the timetable of
works/operations at least 10 days prior to any activities commencing.
The District Marine Office must also be notified within 10 days of
completion of the works.
To ensure that the MMO officer is aware of the operations at
sea occurring within its jurisdiction in order to notify other sea
users and can arrange enforcement visits as appropriate.
Use of
condition
- This is an important condition and needs to include completion of the works to account for any post-construction works that may need to be checked.
15. Notice to mariners, navigation issues – no longer included in Cefas advice – defer to MCA/Trinity Lighthouse
16. Rock Transhipment
Main
Categories
Sub-categories Condition Reason
Notification Rock transhipment 16.1 The Licence Holder must ensure that a full method
statement and location of the transhipment area and barge
To manage the associated safety/ navigation issues associated with rock
transhipment and the potential loss of material that could cause an
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approach routes is submitted to the Licensing Authority at least 6
weeks prior to the commencement of the works. Written
approval/agreement by the Licensing Authority is required prior
to works commencing.
obstruction/hazard to other sea/sea-bed users
Use of
condition
- This condition may be required as a ‘pre-works’ condition should the detailed transhipment operations not be finalised during the application stage.
Notification Rock transhipment 16.2 The Licence Holder must ensure that pre and post works
trawl surveys are conducted within any transhipment area and
barge approach routes, or Fisheries Liaison Officers are employed
on the transhipping vessel to observe all transhipment operations
and record any losses
To satisfy the Licensing Authority that no rock has been lost during the
transhipment operation that would pose a obstruction/hazard to other
sea/sea-bed users
Use of
condition
- This is only required in the area of transhipment and approach routes to the area of rock placement, to confirm that no rock has been lost during the
operation.
- This condition needs to link to a requirement that an appropriate fisheries liaison officer is employed.
Notification Rock transhipment 16.3 The Licence Holder must ensure that any vessels used for
rock/shingle transhipment or delivery operations are suitably
constructed and loaded to prevent rock falling over the side by
accident. Suitable screening should be used to prevent
rock/shingle loss through drainage holes.
To reduce the risk and potential loss of material that could cause an
obstruction/hazard to other sea/sea-bed users
Use of
condition
- The vessels will be assessed during the application stage, however this level of detail and specific mitigation measure may not be known and are therefore
required on the licence.
Notification Rock transhipment 16.4 The Licence Holder must ensure that sea going tug or tugs
capable of towing the barge in a loaded condition can be made
available within a 12 hour period to tow the barge sheltered
To reduce the risk and potential loss of material that could cause an
obstruction/hazard to other sea/sea-bed users
Rationalisation of FEPA licence conditions and licence categories
Page 41 of 16
waters in adverse weather conditions.
Use of
condition
- The licence holder needs to ensure that the risks associated with adverse weather conditions are taken into account.
Notification Rock transhipment 16.5 The Licence Holder must ensure that any rock misplaced/lost
below MHWS are reported to the District Marine Office within 48
hours, and located and recovered.
To manage the associated safety/ navigation issues associated with rock
transhipment and the potential loss of material that could cause an
obstruction/hazard to other sea/sea-bed users
Use of
condition
- Any rock loss during transhipment poses a hazard to fishermen and navigation, it must be promptly reported to the relevant authorities and action taken by
the licence holder to locate and recover the lost rock.
Notification Rock transhipment 16.6. Any rock that is misplaced/lost below MHWS and cannot be
recovered must be located and its position notified to the District
Marine Office, Fisheries Liaison Officer and Licensing Authority
within 48 hours.
To manage the associated safety/ navigation issues associated with rock
transhipment and the potential loss of material that could cause an
obstruction/hazard to other sea/sea-bed users
Use of
condition
- It may be reasonable that rocks cannot be recovered, the potential navigational risk of the lost rock needs to be considered and the appropriate authorities
informed so updated navigational markers/notices to mariners can be employed as appropriate.
Return to main document
Rationalisation of FEPA licence conditions and licence categories
Page 42 of 5
12 Annex E – Matrix of conditions and processes
Sub-categories Condition
Dem
olit
ion
Dre
dg
ing
Exca
vati
on
Sea
dis
po
sal d
red
ged
ma
teri
al
Dri
llin
g
Bla
stin
g
plo
ug
hin
g/
cutt
ing
Jett
ing
Tren
chin
g
no
uri
shm
ent
& r
ecla
ma
tio
n
Pla
cem
ent
of
rock
/pre
cast
con
cret
e
Co
ncr
ete
po
urs
an
d s
pra
ys
Gro
uti
ng
Tim
ber
wo
rk
Pile
dri
vin
g
vib
ro-p
ilin
g
Pa
inti
ng
Ma
rin
e p
lan
t
Lan
d b
ase
d p
lan
t
Tra
cer
rele
ase
1.Damage/ disturbance to
seabed/ sediment
1.1a The Licence Holder must ensure that backfill operations return the intertidal area to its original profile. Y N Y N Y N Y Y Y Y N N N N N N N N N N
1.1b [A baseline (photographic or other method) survey must be reported to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing.] On completion of the works a repeat (photographic or other method) survey must demonstrate that the intertidal area has been restored and be reported to the Licensing Authority for approval. Y N Y N Y N Y Y Y Y N N N N N N N N N N
1.2a The licence holder must only work and access the site within a defined and marked out area thereby limiting personnel and plant access to the site. The work area and access routes are defined by the (reference plan diagram or co-ordinates here). N N N N N N N N N N N N N N N N N N Y N
1.2b The licence holder must only work and access the site within a defined and marked out area thereby limiting personnel and plant access to the site. Co-ordinates (in WGS84) and plan diagrams of the work area and access routes must be submitted to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing N N N N N N N N N N N N N N N N N N Y N
1.3a The Licence Holder must employ the use of (detail method here) to minimise resuspension of sediment during the (construction or dredging) operations. N Y Y Y Y Y Y Y Y Y N N N N Y Y N N N N
1.3b The Licence Holder must employ methods to minimise resuspension of sediment during the (construction or dredging operations). The methodology must be submitted to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing N Y Y Y Y Y Y Y Y Y N N N N Y Y N N N N
2. Placement of sediment
(beneficial use/beach
2.1 The Licence Holder must ensure that the placement of material is carried out at during the period of (x hours after low N N N Y N N N N N N N N N N N N N N N N
Rationalisation of FEPA licence conditions and licence categories
Page 43 of 5
Sub-categories Condition
Dem
olit
ion
Dre
dg
ing
Exca
vati
on
Sea
dis
po
sal d
red
ged
ma
teri
al
Dri
llin
g
Bla
stin
g
plo
ug
hin
g/
cutt
ing
Jett
ing
Tren
chin
g
no
uri
shm
ent
& r
ecla
ma
tio
n
Pla
cem
ent
of
rock
/pre
cast
con
cret
e
Co
ncr
ete
po
urs
an
d s
pra
ys
Gro
uti
ng
Tim
ber
wo
rk
Pile
dri
vin
g
vib
ro-p
ilin
g
Pa
inti
ng
Ma
rin
e p
lan
t
Lan
d b
ase
d p
lan
t
Tra
cer
rele
ase
recharge) water to x hour before high water at xxxx/ between month and month inclusive) to minimise impact to xxx.
2.2 The material to be placed must be (define sediment) obtained only from (provide location). N N N Y N N N N N Y N N N N N N N N N N
3. Disposal site management
3.1a The licence holder must ensure that during the course of disposal, material is distributed evenly over disposal site (code) and ensure that no depths within the disposal site are reduced to less than (state depth) below Admiralty Chart datum N N N Y N N N N N N N N N N N N N N N N
3.1b Monitoring of (state method) must be undertaken (state timing) and reported to the Licensing Authority for written approval/agreement N N N Y N N N N N N N N N N N N N N N N
3.2 Material must be disposed of within (insert additional details here if necessary) disposal site xxxx (name and code) N N N Y N N N N N Y N N N N N N N N N N
3.3 Disposal is not permitted during the period of (x hours after low water to x hour before high water at xxxx/ between date and date inclusive) N N N Y N N N N N Y N N N N N N N N N N
3.4 Diffusers must be fitted to the discharge end of the pipeline to maximise dispersion. N N N Y N N N N N Y N N N N N N N N N N
4. Chemical use 4.1 - to be completed/amended 5. Excavation/
structure removal 5.1a The Licence Holder shall ensure all piles are completely removed. Where this cannot be achieved piles must be partially removed to at least 1m below seabed level. Y N Y N N N N N N N N N N N N N N N N N
5.1b Where piles cannot be completely removed, the Licence Holder must ensure the piles are removed to at least 1m below seabed level. Y N Y N N N N N N N N N N N N N N N N N
6. Pile driving 6.1 The Licence Holder must ensure that soft-start procedures are used to ensure incremental increase in pile power over a set time period until full operational power is achieved. The soft-start duration should be a period of not less than 20 minutes. Should piling cease for a period greater than 10 minutes, then the soft start procedure must be repeated. N N N N N N N N N N N N N N Y Y N N N N
6.2 Piling is not permitted during the period of (between date and date inclusive) N N N N N N N N N N N N N N Y Y N N N N
7. Pollution from plant, equipment
and/or vessels
7.1 The Licence Holder must install bunding and/or storage facilities to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment. i.e. secondary containment should be used with a capacity of not less than 110% of the containers storage capacity. y N y N y y y y y y y y y N y y y N y N
Rationalisation of FEPA licence conditions and licence categories
Page 44 of 5
Sub-categories Condition
Dem
olit
ion
Dre
dg
ing
Exca
vati
on
Sea
dis
po
sal d
red
ged
ma
teri
al
Dri
llin
g
Bla
stin
g
plo
ug
hin
g/
cutt
ing
Jett
ing
Tren
chin
g
no
uri
shm
ent
& r
ecla
ma
tio
n
Pla
cem
ent
of
rock
/pre
cast
con
cret
e
Co
ncr
ete
po
urs
an
d s
pra
ys
Gro
uti
ng
Tim
ber
wo
rk
Pile
dri
vin
g
vib
ro-p
ilin
g
Pa
inti
ng
Ma
rin
e p
lan
t
Lan
d b
ase
d p
lan
t
Tra
cer
rele
ase
7.2a The Licence Holder must ensure that any oil, fuel or chemical spill is reported to the MMO, Marine Pollution Response Team (or Licensing Authority?). N N N N N N N N N N N N N N N N N Y Y N
7.2b The Licence Holder must have in place a marine pollution contingency plan. The marine pollution contingency plan must be submitted to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing. N N N N N N N N N N N N N N N N N Y Y N
8. Prevention of unlicensed waste
at sea
8.1 The licence holder must ensure that (state method e.g. dredged material is passed through grid screens no larger than 30cm) to minimise the amount of man-made materials disposed of at sea. Any man-made material must be separated from the dredged material and disposed of to land. N Y N Y N N N N N Y N N N N N N N N N N
8.2 Material from the area bounded by the following coordinates is excluded from dredging and disposal at sea. The material may not be subject to any intentional or reckless disturbance, [unless the area is to be dredged and the material is to be removed to land]. N Y N N N N N N N N N N N N N N N N N N
9.Rock placement 9.1 The rock material used is from a recognised source (define). N N N N N N N N N N Y N N N N N N N N N
9.2 The amount of rock placed must not exceed (define total tonnage or per grade) amount and excess rock must be returned to land N N N N N N N N N N Y N N N N N N N N N
10. Temporary works/waste/deb
ris
10.1a The Licence Holder must ensure that during the works all wastes are stored in designated areas that are isolated from surface water drains, open water and bunded to contain any spillage. Y N Y N Y Y Y N Y Y Y Y Y Y Y Y Y N N N
10.1b The Licence Holder must ensure that any equipment, temporary structures, waste and/or debris associated with the works are removed within 6 weeks of completion of the works. Y N Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N
11. Tracer use 11.1 Bacillus globigii spores must not be released within 1km of shellfish harvesting areas. N N N N N N N N N N N N N N N N N N N Y
11.2 Local MMO District Marine Office, IFCA and Food Authority should be notified of the timing and quantity of release of any chemical or bacteriological tracer dyes at least five days in advance of the release within 1km of shellfish harvesting areas. N N N N N N N N N N N N N N N N N N N Y
Rationalisation of FEPA licence conditions and licence categories
Page 45 of 5
Sub-categories Condition
Dem
olit
ion
Dre
dg
ing
Exca
vati
on
Sea
dis
po
sal d
red
ged
ma
teri
al
Dri
llin
g
Bla
stin
g
plo
ug
hin
g/
cutt
ing
Jett
ing
Tren
chin
g
no
uri
shm
ent
& r
ecla
ma
tio
n
Pla
cem
ent
of
rock
/pre
cast
con
cret
e
Co
ncr
ete
po
urs
an
d s
pra
ys
Gro
uti
ng
Tim
ber
wo
rk
Pile
dri
vin
g
vib
ro-p
ilin
g
Pa
inti
ng
Ma
rin
e p
lan
t
Lan
d b
ase
d p
lan
t
Tra
cer
rele
ase
12. Wet concrete use
12.1 The Licence Holder must ensure that no waste concrete slurry or wash water from concrete or cement works are discharged into the marine environment. Concrete and cement mixing and washing areas should be contained and sited at least 10 metres from any watercourse or surface water drain to minimise the risk of run off entering a watercourse. N N N N N N N N N N N Y Y N N N N N N N
12.2 The Licence Holder must ensure that if concrete is to be sprayed in the vicinity of the marine environment (e.g. bridges, retaining walls, etc) suitable protective sheeting is provided to prevent rebounded or windblown concrete from entering the water environment. Rebounded material must be cleared away before the sheeting is removed. N N N N N N N N N N N Y N N N N N N N N
13. Fisheries Liaison
Conditions to be suggested by MMO
14. Information to Licensing Authority
14.1 The District Marine Office must be notified of the timetable of works/operations at least 10 days prior to any activities commencing. The District Marine Office must also be notified within 10 days of completion of the works. Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
15. Notice to mariners, navigational issues
Conditions to be suggested by MMO/MCA/Trinity House
16. Rock Transhipment
16.1 The Licence Holder must ensure that a full method statement and location of the transhipment area and barge approach routes is submitted to the Licensing Authority at least 6 weeks prior to the commencement of the works. Written approval/agreement by the Licensing Authority is required prior to works commencing. N N N N N N N N N Y Y N N N N N N N N N
16.2 The Licence Holder must ensure that pre and post works trawl surveys are conducted within any transhipment area and barge approach routes, or Fisheries Liaison Officers are employed on the transhipping vessel to observe all transhipment operations and record any losses N N N N N N N N N Y Y N N N N N N N N N
16.3 The Licence Holder must ensure that any vessels used for rock/shingle transhipment or delivery operations are suitably constructed and loaded to prevent rock falling over the side by accident. Suitable screening should be used to prevent rock/shingle loss through drainage holes. N N N N N N N N N Y Y N N N N N N N N N
Rationalisation of FEPA licence conditions and licence categories
Page 46 of 5
Sub-categories Condition
Dem
olit
ion
Dre
dg
ing
Exca
vati
on
Sea
dis
po
sal d
red
ged
ma
teri
al
Dri
llin
g
Bla
stin
g
plo
ug
hin
g/
cutt
ing
Jett
ing
Tren
chin
g
no
uri
shm
ent
& r
ecla
ma
tio
n
Pla
cem
ent
of
rock
/pre
cast
con
cret
e
Co
ncr
ete
po
urs
an
d s
pra
ys
Gro
uti
ng
Tim
ber
wo
rk
Pile
dri
vin
g
vib
ro-p
ilin
g
Pa
inti
ng
Ma
rin
e p
lan
t
Lan
d b
ase
d p
lan
t
Tra
cer
rele
ase
16.4 The Licence Holder must ensure that sea going tug or tugs capable of towing the barge in a loaded condition can be made available within a 12 hour period to tow the barge sheltered waters in adverse weather conditions N N N N N N N N N Y Y N N N N N N N N N
16.5 The Licence Holder must ensure that any rock misplaced/lost below MHWS are reported to the District Marine Office within 48 hours, and located and recovered N N N N N N N N N Y Y N N N N N N N N N
16.6. Any rock that is misplaced/lost below MHWS and cannot be recovered must be located and its position notified to the District Marine Office, Fisheries Liaison Officer and Licensing Authority within 48 hours. N N N N N N N N N Y Y N N N N N N N N N
Y Yes, this condition may be associated with this activity
N No, this condition is not associated with this activity
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