Nail in coffin for Port initiative? (From Falmouth Packet)

Nail in coffin for Port initiative?

9:43am Wednesday 24th June 2009

• Print
• Email
• Share
• Comments(0)

WILL it be yet another legislative nail in the coffin for the Falmouth Port Development Initiative as DEFRA (Department for Environment Food and Rural Affairs) considers introducing minor amendments to the Habitat Regulations 1994?

The long-term viability and future of the Port of Falmouth hinges on whether or not the capital dredging scheme is funded. The Falmouth Port Development Initiative is not only about attracting the world’s largest cruiseships to the port but is an important project to enhance the port from all commercial angles.

Under the UK Habitats Regulations, which stem from the European Habitats Directive, the Fal and Helford estuaries are designated a Special Area of Conservation (SAC) with authorities given the responsibility to protect the conservation features of the European site.

Cornwall Council, English Nature, the Environment Agency, South West Water Ltd, Ports of Truro and Penryn, Falmouth Harbour Commissioners, Falmouth Docks and Engineering Company, St Mawes Pier and Harbour Company, Cornwall Sea Fisheries Committee and Falmouth and Truro Port Health all play an active role in managing the SAC.

Defra states: “Currently, regulation 23(1) provides that “no person shall carry out on any land within a European site...any operation specified in the order...”.

In our view this means that an order could not be used to restrict or prohibit operations being carried out on water that are likely to damage a European site. Nor could the power be used to prohibit operations undertaken outside the European site but which have a damaging effect on it.

However, the Habitats Directive, which these regulations are designed to implement, does not restrict the obligation to prevent damage to sites to operations which take place on land, or within the sites themselves. We are therefore proposing minor changes to the Habitats Regulations to address these issues.

If circumstances require, the proposed changes would allow the Secretary of State, after consultation with the appropriate nature conservation body (eg Natural England or the Countryside Council for Wales) to restrict any person from carrying out an operation on land or water, within or outside a European site, which appears to the Secretary of State to be capable of destroying or damaging the interest features of a European site.”

In the case of Falmouth’s proposed dredging scheme if Natural England, a government advisory body on conservation, deem that dredging will cause damage to the SAC it can raise its concerns with Defra and this may occur when the Falmouth Harbour Commissioners apply for dredging consents in due course.

If in the future any other port projects are proposed outside but close to the Fal and Helford SAC, Natural England under the new amendments could also raise objections.

These amendments which could put an environmental stranglehold on many port projects around the UK if adopted, are expected to come under fire from some of the consultees. Defra said the new amendments could come into force on October 1, 2009.

• Print
• Email
• Share
• Comments(0)