Food and Environmental Protection Act Licence (FEPA)

Consenting organisation

Licences are issued through the Marine Management Organisation (MMO) following consultation with various bodies such as Natural England, Environment Agency, Devon Sea Fisheries Committee.

Details

The purpose of the FEPA licensing is to ensure that development and works in the coastal zone do not damage the marine environment or human health, or interfere with legitimate uses of the sea.

When is it required?

Under this Act, a licence is required for the deposit of any articles or substances in the sea or under the seabed.

Associated legislation

Food and Environment Protection Act, 1985 (FEPA) licences.

Application process

• When the application is received the relevant checks will be made to ensure all information has been sent. This information will be put into the database.
• Ensure correct payment is receive from the applicant.
• A letter is sent out to the applicant outlining a date when MMO hope to have made a decision.
• If screening is not required, the applicant will be notified of this in writing.
• MMO will liaise with consultees within the following five weeks.
• Consultation responses are then considered and entered into a database. The responses are analysed, and any key issues relating to the marine ecosystem, human health and other users of the sea are identified.
• Consideration of possible conditions to mitigate or minimise any potential problems and consideration of navigational issues.
• Where screening and/or scoping is consulted on, this will determine whether or not an Environmental Impact Assessment (EIA) is required. Provide the opinions for the applicant in a written statement and whatever is chosen is to be publicised and make available on the public register.
• If an EIA is needed, an environmental statement will be provided and the applicant is to publicise and wait 42 days for a public response.
• If an appropriate assessment is identified, this is to be undertaken as part of the EIA.
• Determine licence conditions, based on input from different consultees and outcomes of discussions on areas of concern. This draft is to be shared with key consultees.
• Key elements of the licence need to be included within the covering letter, accompanied by the licence itself.
• A copy of the licence is sent to all key consultees.
• During the follow-up to issuing the licence, identification of what information is required to meet with these conditions and when, including disposal returns and monitoring requirements is done.
• When the information is received a copy is sent to the relevant organisation for their comments.
• Comments are considered in relation to the implications put on the licence and where a problem occurs the licence holder is informed by telephone. This is followed up by a more formal letter where necessary.

Appeals procedure

Appeals can be made to the representation committee against the licensing decision or attached conditions.

Consultation process

An advert needs to be placed in the local paper and a notice attached in a prominent position near to the works and details of the plans must be placed at the local library or at a location with public access. Where the planned project falls within the scope of the Marine Works Regulations, the proposed works must be advertised for a longer period and copies of the Environmental Statement made available for public inspection.

Course of action under the habitats regulations

will seek advice on whether the works in the application represent a plan or a project within the meaning of the habitats regulations. If it does then the habitats regulations procedures will apply and an appropriate assessment will be carried out.

Timescales

This will vary depending on the type of activity being proposed.

Cost

Contact the consenting organisation for further information.

Contact details

Devon Sea Fisheries Committee (DSFC)

Old Foundry Court, 60a Fore Street, Brixham, Devon, TQ5 8DZ
Telephone: 01803 854648
Website: Devon Sea Fisheries Committee

Duchy of Cornwall (not a relevant authority)

Lamellion House, Station Road, Liskeard, Cornwall, PL14 4EE
Telephone: 01579 343149
Website: Duchy of Cornwall

Environment Agency

Cornwall Area: Sir John Moore House, Victoria Square, Bodmin, Cornwall, PL31 1EB
Telephone: 08708 506506
Website: Environment Agency

Marine Management Organisation

Head Office: Hampshire Court, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH

Plymouth Office: Fish Quay, Sutton Harbour, Plymouth, PL4 0HL
Telephone: 01752 228001 (initial contact with the Plymouth office is recommended)
Website: Marine Management

Natural England

Cornwall, Devon and Isles of Scilly Team, Renslade House, Bonhay Road, Exeter EX4 3AW
Telephone: 0300 060 2424
Website: Natural England

Tamar Estuaries Consultative Forum (TECF)

C/o Development Planning, Plymouth City Council, Civic Centre, Plymouth, PL1 2EW
Telephone: 01752 304339
Website: Tamar Estuaries

Remember! You may require further consents. Visit the Development page to find out.