Thursday 4 December 08 - 03:33
 

Legal

Marine Bill – ships or shrimps?

The draft Marine Bill, published by the Department for Environment, Food and Rural Affairs (DEFRA) for consultation on 3 April 2008, signals the government's worthy intention to introduce legislation to protect both inshore and offshore environments and so preserve their "marine Eco Systems".
Tim Reynolds is a specialist marine lawyer with marineontheweb.co.uk
Tim Reynolds is a specialist marine lawyer with marineontheweb.co.uk

The measures appear to be in response to EU regulations and contemplate establishing "Marine Conservation Zones" around the country. These zones may become interlinked, and could ultimately, according to one academic study quoted, extend to cover 20% of total U.K territorial waters.

Each zone will be administered by a delegated authority which DEFRA contemplates will routinely limit or prohibit public access to areas so designated. In exercising control, authorities will seemingly be under a duty not to authorise any use of such zones which may risk hindering the conservation objective.

The rights of free passage have long been enshrined in the law of the sea. Historically, save in extremely limited circumstances, vessels and crew have enjoyed the entitlement to go where they wish. This bill will inevitably significantly restrict that right.

UK waters are already congested and subject to the often competing demands of leisure and commercial concerns. Hitherto, the various existing authorities have fairly balanced those demands against environmental needs, so retained a broad consensus of support.

This balance will shift if those in charge, obliged by legislation to prioritise environmental needs, give in to inevitable pressure to introduce widespread restrictions upon access or the use of such areas.

Recent headlines over cases concerning newts and playground relocations already highlight the hair shirted tendencies of some UK conservation bodies.

The 12 week consultation process has started. DEFRA must listen to the industry's concerns, and ensure that any authorities operating such controlled zones continue to do so in a balanced way, otherwise the bill may become yet another "Euro-ecostick" with which owners, operators and the wider industry, will be unjustifiably beaten in the future.

 Kids Go Free!