rationalisation of fepa licence conditions and licence...

ME5403 Research to Support Marine Licensing and Monitoring

Rationalisation of FEPA licence conditions and licence categories

Author: Laura Weiss

Issue date: 18th

February 2011


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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

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.


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.


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


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


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


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


Page 8 of 22

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).


Page 9 of 22

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.


Page 10 of 22

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.


Page 11 of 22

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


Page 12 of 22

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.


Page 13 of 22

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


Page 14 of 22

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.


Page 15 of 22

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.


Page 16 of 22

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


Page 17 of 22




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


Page 18 of 22




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


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


Page 19 of 22


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.


Marina A harbour for small boats commonly for recreational

purposes

Pier A platform extending from a shore over water and


Page 20 of 22


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


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


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


Page 21 of 22


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.


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


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


Page 22 of 22


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.


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


Page 23 of 2

9 Annex B – Licensable Activities - Matrix of sector and structure categories

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· 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 * * * * * * * * *


· Marina *

· Pier * *

· Jetty * * *

· Pontoon * * *

· Slipway * *

· Causeway * *

· Launching ramp * *

· Foundation *

* * * *

· Wall (supportive, not for purpose of marine craft) *

· Dock wall *

· Bridge supports *


· Moorings * * * * * * *

· Buoys and markers * * * * * * *

· Scientific equipment *


· Sub station * * *

· Turbine * * *

· Cable * * * * *

· Meteorological mast * * *

· Tidal Barrage *

· Tidal device

*

· Wave device

*

· Energy device foundation

* * *


· Pipelines * *

· Outfall *

· Intake *


· Land Reclamation * *


Page 24 of 2

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· Habitat creation * *

· Habitat remediation, e.g. mud flat/saltmarsh feeding * *

Investigative works

· Borehole * * * * * * *

Oil, gas, carbon capture/storage

· Platform *

· Well *

· Subsea facility *


· Sculpture, statue, fountain *

· Artificial reef *

Munitions

· Fired munitions *



Page 25 of 1

10 Annex C – Matrix of Licence Categories (sectors) and Processes

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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

*



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.


Page 27 of 16


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).


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.


Page 28 of 16

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


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).


Page 29 of 16

3. Disposal site management

Main Categories


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


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


Page 30 of 16

4. Chemical use

Main Categories


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).


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)


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).


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.


Page 31 of 16

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


Page 32 of 16

Main Categories


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


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.


Page 33 of 16

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)


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


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


Page 34 of 16

condition adopted and not less than 110% of the containers storage capacity) noted in the Control of Pollution (Oil Storage) (England) Regulations 2001


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.


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


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


Page 35 of 16

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



Page 36 of 16

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


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


Page 37 of 16

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


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


Page 38 of 16

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


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.


Page 39 of 16

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


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


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


Page 40 of 16

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


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



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.




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.




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.



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


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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


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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


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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


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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


© Crown copyright 2011

About us Cefas is a multi-disciplinary scientific research and

consultancy centre providing a comprehensive range

of services in fisheries management, environmental

monitoring and assessment, and aquaculture to a large

number of clients worldwide.

We have more than 500 staff based in 2 laboratories,

our own ocean-going research vessel, and over 100 years

of fisheries experience.

We have a long and successful track record in

delivering high-quality services to clients in a confidential

and impartial manner.

(www.cefas.co.uk)

Cefas Technology Limited (CTL) is a wholly owned

subsidiary of Cefas specialising in the application of Cefas

technology to specific customer needs in a cost-effective

and focussed manner.

CTL systems and services are developed by teams that

are experienced in fisheries, environmental management

and aquaculture, and in working closely with clients to

ensure that their needs are fully met.

(www.cefastechnology.co.uk)

Customer focus With our unique facilities and our breadth of expertise in

environmental and fisheries management, we can rapidly put

together a multi-disciplinary team of experienced specialists,

fully supported by our comprehensive in-house resources.

Our existing customers are drawn from a broad spectrum

with wide ranging interests. Clients include:

international and UK government departments

the European Commission

the World Bank

Food and Agriculture Organisation of the United Nations

(FAO)

oil, water, chemical, pharmaceutical, agro-chemical,

aggregate and marine industries

non-governmental and environmental organisations

regulators and enforcement agencies

local authorities and other public bodies

We also work successfully in partnership with other

organisations, operate in international consortia and have

several joint ventures commercialising our intellectual

property

.

Head office

Centre for Environment, Fisheries & Aquaculture Science Centre for Environment, Fisheries & Aquaculture Science

Pakefield Road, Lowestoft, Barrack Road, The Nothe

Suffolk NR33 0HT UK Weymouth, DT4 8UB

Tel +44 (0) 1502 56 2244 Tel +44 (0) 1305 206600

Fax +44 (0) 1502 51 3865 Fax +44 (0) 1305 206601

Web www.cefas.co.uk

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rationalisation of fepa licence conditions and licence...

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