Marine Construction & Deposits in the Sea/FEPA Guidelines
In Northern Ireland the Department of the Environment is the competent authority under Part II of the Food and Environment Act (FEPA), 1985 to control deposit of articles in the sea. The purpose of Part II of the Act is to protect the marine environment, human health and minimise nuisance or interference to other legitimate users of the sea by controlling inputs into the sea up to the High Water Mean Spring (HWMS) tide mark. The Department operates a licensing system under FEPA, which regulates the deposit of substances or articles in Northern Irelands territorial waters (from HWMS out to 12 nautical miles) or under the seabed including the disposal at sea of dredged material.
Activities that require a licence;
- The disposal of dredged material
- Construction work which involves the deposition of material below the HWMS tide mark, such as the building of harbours, jetties, reclamation of land, sea outfall pipes etc.
The implementation of FEPA Part II, which specifically deals with deposits in the sea, is one of the ways that the UK meets its commitments as a signatory to the following international conventions for the protection of our seas:
- The London Convention 1972 (prevention of marine pollution) which is applicable world wide and;
- The OSPAR Convention (1998) for the Protection of the Marine Environment of the North East Atlantic.
Under Annex II of the OSPAR Convention, contracting parties must control deposits in the sea, and are only permitted to dispose the following at sea:
- Dredged material;
- Inert materials of natural origin, that is solid, chemically unprocessed geological material the chemical constituents of which unlikely to be released into the marine environment;
- Fish waste from industrial processing operations;
- Vessels or aircraft until the latest, 31 December 2004
Consultation Process
On 29th March 2007 EHS published a consultation paper "Proposals to Introduce in Northern Ireland Phase II of New Fees Structure for Licences under the Food and Environment Protection Act (FEPA) 1985, Part II (Deposits in the Sea). The consultation paper details proposals for ammendments to licence fees for substances deposited in the sea under the Food and Environment Protection Act 1985, (FEPA) Part II. It also sets out the legal basis for charging licence fees under FEPA in Northern Ireland along with newly proposed licence fees. The consultation paper invites commnets on the Department's proposals. The consultation paper invites written comments to be sent no later than 1st June 2007.
The consultation paper "Proposals to Introduce in Northern Ireland Phase II of New Fees Structure for Licences under the Food and Environment Protection Act (FEPA) 1985, Part II (Deposits in the Sea)" (.PDF 374KB)
" can be downloaded from the EHS website.
Further Information
Guidance on how to apply for a license
Food & Environment Protection Act 1985 (FEPA) Part II, New Fees and Charges leaflet (PDF 39Kb)
Food & Environment Protection Act 1985 (FEPA) Part II, New Fees and Charges leaflet (PDF 100Kb)