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• Dredging

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Dredging (including aggregate dredging)

The carrying out of any form of dredging, whether or not involving the removal of material, requires a marine licence.

Navigational dredging

Dredging is a broad term and includes the use of any device to move any material from one part of the sea or sea bed to another part. This includes dredging for any purpose, for example, creating new channels or berths, maintaining existing channels or aggregate dredging for commercial supply. This also includes all types of dredging, for example, suction dredging, water injection dredging or sea bed levelling.

We will require you to take samples of the material to be dredged which we will assess for contamination. Sample analysis will be used as part of a weight of evidence approach to assess the dredged material. Action levels are used in conjunction with a range of other assessment methods to make management decisions on whether the dredged material is suitable for sea disposal, including:

• bioassays
• historical data and knowledge regarding the dredging site
• the material's physical characteristics
• the disposal site characteristics and other relevant data.

Transitional provisions

Dredging was not a licensable activity before the start of the marine licensing system on 6 April 2011. Initially there was a transitional period of one year from 6 April 2011 during which a dredging operation did not require a marine licence, provided the dredging operation:

• would not have fallen within section 34 of the Coast Protection Act 1949
• would not have required a licence under Part 2 of the Food and Environment Protection Act 1984
• is not excluded from this exemption by an order made by the Secretary of State.

The UK Government has decided to extend the current one year transition period for low risk maintenance dredging activities for a further two years in respect of English waters. Under the Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012, which comes into force on 6 April 2012, the transitional period has been extended for two further years until 6 April 2014. Those dredging operations that will require a licence under the order are those:

• likely to have a significant effect on a European marine site
• likely to adversely affect the ecological status of a water body under the Water Framework Directive
• to be carried out as part of a project which requires assessment under the Environmental Impact Assessment Directive.

Read more about the extension of the transitional period on the Defra website.

The Department for Environment, Food and Rural Affairs and the Marine Management Organisation will be working with stakeholders to consider how dredging should be regulated in the future. In particular to explore the scope to exempt certain low risk activities and to help prepare operators for implementation of the licensing requirements. A consultation on these arrangements will be held later this year.

Dredging by a harbour authority

There is an exemption for dredging done by or on behalf of a harbour authority which is authorised by a local act of Parliament or harbour order.

Aggregate dredging

The Marine and Coastal Access Act 2009 (MCAA) introduced a new marine licensing system which came into effect on 6 April 2011. This new licensing system will contribute to the achievement of sustainable development in the marine environment, and is designed to be customer focused, streamlined, accountable and transparent. The Marine Management Organisation (MMO), as the lead competent authority, needs to consider the following in determining applications:

• the need to prevent interference with legitimate uses of the sea
• the need to protect the environment
• the need to protect human health
• such matters as the licensing authority thinks relevant.

The MMO regulates the extraction of marine aggregates from the seabed under the MCAA and the Marine Works (Environmental Impact Assessment) Regulations 2007 (MWR) as amended in 2011.

The size of the UK aggregates industry

Marine aggregatesiare required predominately for construction purposes, for use in concrete products. Marine supplies contribute around 20 per cent of the sand and gravel demand in England and Wales, and 29 per cent of the 20 million tonnes produced in 2008 was exported also for use as construction aggregate. To minimise transport costs, marine aggregates are normally landed at specialised wharves strategically located close to the point of demand. In 2008, the landed value was £116 million with a gross value added (GVA) of £54 million. Processing and concrete sales associated with marine aggregates represent a further £303 million. Marine aggregates also support beach nourishment requirements, and can provide large volumes of contract fill material in support of major infrastructure projects.

Over half of the total production by weight in England comes from the East Inshore and East Offshore marine plan areas which accounts for 77 per cent of the licensed area. A further third is produced in the South plan areas and smaller contributions from the South East, South West and North West areas. A breakdown of production by regional area is produced annually by The Crown Estate and the British Marine Aggregate Producers Association (BMAPA) and gives detailed descriptions of activity and output.

Location of reserves is key to where aggregates can be extracted. Wherever possible, sources near to the demand will be used and particularly in England this is true of most sites. For example, extraction from the Humber area provides the only source of marine-dredged aggregates for the North East of England. Material for beach replenishment is usually sourced locally to ensure a similar sediment type and to reduce transport costs. As coastal erosion becomes more acute this demand will increase. However, a combination of market demand and resource suitability (following 50 years of production) means that resources can be transported a considerable distance.

Marine aggregates play a key role in the portfolio of national construction aggregate supply, supporting the delivery of various government policies, including beach nourishment projects around the country (such as providing coastal defences), the regeneration of Thames Gateway and the 2012 London Olympic Games. Significant tonnages have also been used in major construction projects including the Channel Tunnel and associated Channel Tunnel Rail Link, Felixstowe Port, Heathrow Terminal 5 and the Thames Barrier. The coastal location of many of these developments means that the aggregates sector is able to supply large volumes of construction aggregate and fill material in a sustainable manner.

Regulation

Aggregate dredging activity is regulated by the MMO in English waters. It has evolved over time to ensure that any  activity does not result in adverse effects to the receiving environment which could result in impacts to a wide range of receptors including water quality, fisheries, the natural and the historic environment.

MCAA marine licence applications for aggregate dredging are now subject to consideration and determination by the MMO, which will also consider whether an environmental impact assessment needs to be carried out under the Marine Works (EIA) Regulations 2007 (as amended).  

Future direction

The MMO are an enabling regulator and our decision-making is informed by technical expertise, impartiality and a broad understanding of the social, environmental and economic needs of the various, often competing, interests around our shores. We ensure the five key principles of regulation (transparency, accountability, proportionality, consistency and a targeted approach) are the cornerstone of our organisation.

The MMO together with support from our advisors are working closely with industry to ensure applications for marine licences are processed in a streamlined and transparent manner. We are committed to being open and transparent and collaborate with industry, organisations and the public, providing opportunities to engage with us and understand our decisions.

Further information

Marine licensing guidance 3: Dredging, disposal and aggregate dredging (PDF 636 KB)