Ownership and regulation

The Crown Estate owns the mineral rights from mean high water mark to the edge of the UK continental shelf. It invites tenders from companies that wish to explore for minerals and issues rights for non-exclusive sampling as well as commercial dredging licences. But all operations require a Marine Licence before extraction can take place. The Regulator is the Secretary of State for the Environment who administers the system through the Marine Management Organisation (MMO) under the Marine and Coastal Access Act (2009) M0052. This enables the government to implement its strategy for the sustainable development of the marine and coastal areas by establishing a new marine planning system and conservation powers. These changes are currently progressing. The MMO determines marine minerals dredging applications and issues Marine Licenses which are subject to appropriate dredging conditions. Dredging without a Marine Licence and failure to comply with conditions are criminal offences.

Marine mineral dredging in English waters from 6th April 2011 is now controlled under the Marine Works (Environmental Impact Assessment) Regulations 2011 M0039. These regulations require an Environmental Impact Assessment with the findings presented in an Environmental Statement at the same time as the application for a Dredging Permission. Marine Licensing Guidance 8 (2011) sets out the principal steps:

• Screening – a prospective operator may request an opinion from the MMO as to whether and environmental impact assessment (EIA) is required;


• Scoping – the prospective operator may ask for an opinion from the MMO as to what matters should be included in the EIA;


• Undertaking of EIA and preparation of an environmental statement;


• Review of the Environmental Statement to ensure that it complies with relevant legislation and is complete;
• Lodging of an application to the MMO accompanied by the environmental statement;


• Stakeholder and public consultation on the application and statement;


• Determination of the application by the MMO and publication of the decision;


• Setting, monitoring and enforcing conditions on the Marine Licence; and


• Reviewing the impacts of the dredging permission at specified intervals if required by conditions.