Tuesday 2 December 08 - 14:21
 

Legal & Insurance: UK Watch

Control at a price

The UK’s Marine Bill promises ports a streamlined planning process – surely something to be welcomed in an industry used to fighting its way through a planning quagmire. So what’s the catch? Felicity Landon reports

The most talked-about objective of the UK Marine Bill is to simplify the marine licensing regime so that, wherever possible, a single project will require a single licence. And broadly, that should be a positive step for the ports industry, says Andrew Hignett, who heads up the ports and marinas team at Lester Aldridge’s marine practice, LA Marine.

However, he warns, there is a risk that part of the Bill’s provision could considerably reduce the control that a port or harbour authority has over its own harbour.

“The Bill recognises that a local harbour authority is best placed to regulate works in its harbour to ensure safe navigation – and yet it also makes the assertion that ‘antiquated rules and complicated provisions are particularly prevalent in local harbour acts’,” he says. 

The Bill allows for secondary legislation to revise and, if necessary, repeal local harbour legislation that is considered to be out of date.

“I think there is a danger of some ports people putting their heads in the sand,” says Mr Hignett.  “Depending on how well progressed they are in relation to regulatory matters, the fundamental piece of advice is – take this opportunity to get your house in order and make sure your regulatory framework is as up to date as possible.”

There is enough flexibility built into the Bill to allow the Marine Management Organisation (MMO), when it is established, to do “health checks” on a port by port basis to see whether their regulatory framework in the form of harbour revision orders and bylaws are sufficiently up to date and fit for purpose: “If they are, there are provisions whereby the MMO could delegate some of their powers to the harbour authority,” he says. “The larger ports, I am sure, will be subject to delegated powers; but the small to medium ports, which I generally act for, are the ones that could get caught out. 

“It means that a third party looking to do work within the harbour couldn’t be controlled by the competent harbour authority, so they would cease to be masters in their own domain. And it would be difficult for them to have any comprehensive and overall strategy for development in their port if there is some overriding authority (MMO) that will make the initial decisions.”

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