Defra Publishes the Maintenance Dredging Protocol 18-02-2008
Marina and Boatyard operators that undertake maintenance dredging in coastal locations should be aware that Defra have recently published the Maintenance Dredging Protocol. This Protocol is intended to streamline the consents process for regular and routine application for consents to undertake maintenance dredging in or adjacent to Special Protection Areas (SPA’s) and/or Special Areas of Conservation (SAC’s) (i.e. environmentally sensitive sites designated under European Directives).

The Government considers that in such circumstances the Habitats Directive apply and this requires such maintenance dredging proposals, to be assessed in accordance with the Directive. Whilst not endorsing this interpretation of the law, the BMF, with assistance from its dredging advisor Marina Projects Ltd, and representatives of the ports industry agreed to work in co-operation with Defra, DfT and Natural England (NE) to develop a streamlined approach which avoids the need for repeat detailed assessments of routine and regular applications.

A letter will shortly be issued by Defra to relevant operators and regulators seeking their adoption of the Protocol. This will explain the Protocol process in more detail and explain how and when the Protocol will be rolled out. The Protocol document can be viewed at www.defra.gov.uk/wildlife-countryside/ewd/ewd09.htm#mdp.

It should be noted that the Maintenance Dredging Protocol is voluntary; however the BMF is happy to endorse it, not least because, it’s intention is to streamline the process of assessing the impacts of maintenance dredging upon the designated sites. In most cases, it should provide greater certainty when making repeat applications for consent as well as reducing the costs, time input and associated burden on the industry.

There will be a requirement for marinas and other berth operators who undertake maintenance dredging to work alongside their relevant local harbour authority, where one exists. It is recommended that affected operators contact their Harbour Authority at an early stage to discuss proposals for adoption of the Protocol. For further information please contact Brian Clark at the BMF.