Food and Environmental Protection Act

Food and Environmental Protection Act 1985 (FEPA) Part II - Deposits in the Sea

Under FEPA, Part II, a licence is required to deposit any article or substance, below the Mean High Water Spring tide (MHWS) mark, either in the sea or under the seabed, within United Kingdom Waters or United Kingdom Controlled Waters.

Two types of FEPA licences may be obtained for making a deposit in the sea

(i) A construction licence, covering construction works below MHWS, land reclaimation or beach nourishment, and

(ii) a disposal licence, for material that may be deposited in the sea such as dredged material or fish processing waste.

FEPA licensing is administered by Enviroment and Heritage Service and each application is determined by an assessment procedure that involves a statutory consultation phase.

Further information on FEPA licensing can be found on the EHS website

Amendment to FEPA

The proposed Marine Works (Environmental Impact Assessment) Regulations 2007 have transposed the Environmental Impact Assessment Directive, as last amended by the Public Participation Directive, to provide a statutory framework for carrying out environmental impact assessments where required, and for public participation as part of the assessment of the environmental impact on the marine environment.

These Regulations cover the removal or disposal of substances or articles, and the construction, alteration or improvement of certain works within the UK marine area.  They apply to activities under Part II of the Food and Environment Protection Act 1985 and, for Great Britain only, activities under Part II of the Coast Protection Act 1949.  The Marine Works (Environmental Impact Assessment) Regulations  also replace Part II of the Harbour Works (Environmental Impact Assessment) Regulations 1999 in Great Britain.

The Regulations can be viewed using the following link  Marine Works Regulations (114KB)