Environmental guidance for your business in Northern Ireland & Scotland
The Coastal Protection Act 1949 (Part 1) gives powers to Coastal Protection Authorities (Local Authorities with coastlines) to carry out works needed to protect land from erosion or encroachment by the sea, inside and outside of their area as necessary, subject to the approval of the Scottish Government. However the authorities are not obliged to protect eroding coastlines.
Landowners are responsible for the management and prevention of coastal erosion. Schemes proposed by landowners require the consent of the Coast Protection Authority. Depending upon the nature and scale of the works you may also require planning permission. Road, rail and harbour authorities do not require consent; however they are required to submit a notice of proposed works to the Coast Protection Agency.
Further to these requirements, because coast protection works below Mean High Water of Spring tide (MHWS) might affect or interfere with marine transport or navigation, you will need a consent/licence from the Marine Scotland Licensing Operations Team.
If your work includes movement of beach sediment or the erection of structure below HWMOST (High Water Mark of Ordinary Spring Tides), you will need a licence from the Marine Scotland Licensing Operations Team.
In Northern Ireland central government departments are responsible for the construction, maintenance and repair of coastal defences in their possession.
Using the ‘Bateman formula’ coastal works that are deemed necessary are carried out by the department or authority responsible for the asset at risk.
The Northern Ireland Environment Agency has published a short guide to the duty of care responsibilities including advice and information for waste producers, carriers and those accepting, storing and treating waste.
Any person intending to alter the use or management of areas of uncultivated or semi-natural land must obtain prior approval from the Department of Agriculture, Environment and Rural Affairs (DAERA).
Read more on the DAERA website
The NetRegs team at SEPA, in partnership with The Northern Ireland Environment Agency, Natural Resources Wales and a number of industry bodies have produced 9 new GPPs to replace out of date PPGs. More are coming! Check the available topics
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