Do you or your club own or lay your own moorings? If so you need to read this.

[oldharry]

New laws from the MCAA 2009 legislation makes the laying of small boat moorings 'licensable' unless it is carried out under the jurisdiction of a harbour or Ligthouse Authority. (MCAA2009 Sect 4 .1.66)

MMO infromation leaflet here :http://www.marinemanagement.org.uk/licensing/documents/guidance/02.pdf spells it out a little on P9, but does not specify clearly what will happen.

I have asked the MMO, the licensing authority, for clarification on the position of privately owned moorings (I have one myself), or of clubs that lay their own moorings.

Can I suggest if you own a mooring or your club does, you look at the recent postings on the YBW thread 'If you own a mooring, read this'

Are there many locations on the east coast where moorings lie outside Harbour Authority jurisdiction? If so you may well have big problems there. It will be helpful to know if this is going to cause problems are your way?

I will feed back here when I get reply from MMO.

 

[LONG_KEELER]

New laws from the MCAA 2009 legislation makes the laying of small boat moorings 'licensable' unless it is carried out under the jurisdiction of a harbour or Ligthouse Authority. (MCAA2009 Sect 4 .1.66)

MMO infromation leaflet here :http://www.marinemanagement.org.uk/licensing/documents/guidance/02.pdf spells it out a little on P9, but does not specify clearly what will happen.

I have asked the MMO, the licensing authority, for clarification on the position of privately owned moorings (I have one myself), or of clubs that lay their own moorings.

Can I suggest if you own a mooring or your club does, you look at the recent postings on the YBW thread 'If you own a mooring, read this'

Are there many locations on the east coast where moorings lie outside Harbour Authority jurisdiction? If so you may well have big problems there. It will be helpful to know if this is going to cause problems are your way?

I will feed back here when I get reply from MMO.

Thanks for that Old Harry.

Do you mean this bit :-
=================================================
2.7 Moorings and Aids to Navigation
A deposit or works activity carried out by one of the following is exempt from requiring a marine licence for a pile mooring, swinging mooring, trot mooring or aid to navigation:
• A Harbour Authority;
•
A Lighthouse Authority; and
•
Any other person in accordance with consent required from and granted by one of those authorities.
The exemption does not apply where the activity consists of a deposit or construction of a pontoon.
================================================

Does this mean that moorings falling outside of the above will definitely have to go ?

 

[Bru]

The situation as I understand it, having read up on everything I can find, is as follows ...

All moorings have required a licence since 1985 under the Food and Environment Protection Act (FEPA). This was administered by DEFRA.

The change is that under the Marine and Coastal Access Act (MCAA) Part 4, the responsibility for licensing moorings (as part of the general provisions for managing all "deposits" on the seabed) is transferred to the Marine Management Organisation (MMO)

Existing moorings that have either ...

a> Provably existed since prior to 1985 or
b> Have an existing licence under FEPA from DEFRA or
c> Are laid under licence from a Harbour Authority

are not affected in so far as they currently stand

However, the replacement of a sinker or sinkers etc. (but not the replacement of the buoy or buoys) may well require a new licence (subject to the following)

Under the new licensing regime, moorings that are licensed by a Harbour Authority will not require an addition licence from MMO. It is not clear whether a Harbour Authority will itself have to apply for a licence from the MMO (some sources suggest they will but there is nothing in the primary documentation to confirm or otherwise). Nor is it clear whether there will be, as has been suggested, any new constraints on the type or design of moorings licensed by a Harbour Authority

As far as I can make out, the new regime is designed to have little or no impact on the laying of moorings within already regulated waters e.g. recognised harbours. However, the available information is vague and somewhat unsatisfactory

Where these changes are going to have an impact is on existing and new laid unregulated moorings outside the jurisdiction of a harbour authority. The point that I believe Seajet et al have been trying to make (but failing to make clear) is that any unused existing sinkers that are legitimate (i.e. they predate 1985 and/or are laid under the terms of an existing FEPA licence) need to be marked and recorded urgently otherwise they may be deemed to be unlicensed if brought back into use at some future date.

The laying of new moorings outside of waters controlled by a Harbour Authority will require a licence from the MMO. How much more onerous the licencing process will be compared to applying for a licence under FEPA is again unclear. A representative of the MMO has verbally suggested that it will be a "lengthy and costly process" however there is already an on-line application process which perhaps suggests otherwise

The biggest stumbling block is probably going to be the design of sinkers as it is implied and/or suggested in various sources that any old lump of scrap is no longer going to be acceptable and that it is possibly going to be the process of obtaining approval for the design and construction of the sinker that is going to be the lengthy and costly part of the process.

Now, that's what I've been able to find out and it's all a bit vague. My interpretation is as follows ...

We're not going to be able to change the basics of this at this stage. The legislation was enacted in 2009.

Existing and new moorings within a harbour (e.g. Crouch/Roach, Orwell, etc.) - there is nothing for us to really worry about. The harbour authority may have to apply for a licence from the MMO and new/replacement sinkers etc. may have to be to a type approved design

Existing legitimate (pre-1985 or licensed by DEFRA) moorings outside of a regulated harbour can continue in use but the laying of new sinkers will, it seems, require a licence from the MMO.

Existing unauthorised moorings, unless provably laid before 1985, could potentially attract adverse attention from the MMO by way of enforcement action to have the mooring(s) removed.

Now, my take on this is as follows ...

Basically, standing back and looking at the big picture, I think this is a "good thing". I cannot see any good reason why anyone should be allowed to litter the seabed with lumps of junk (be it old engine blocks, tyres filled with concrete or whatever) willy nilly.

However, it seems there may be the usual sledgehammer to nut scenario in that the licensing regime may (we don't actually know) be overly complex and/or restrictive. It may well adversely affect perfectly acceptable existing moorings in areas long used for that purpose but which are without the jurisdiction of a harbour authority

It may also increase costs within the jurisdiction of a harbour authority if said bodies are having to expend significant monies in order to obtain a licence and/or if more expensive mooring equipment (sinkers etc.) are mandated under the terms of such a licence

What is now needed is a clarification of the MMO's intentions with regard to the laying and maintenance of moorings. Having run a dummy licence application through their system, it could be as easy as sending off for your road fund tax or as difficult as applying for planning permission to extend your house in a conservation area!

I doubt if it is going to be the end of the world, I predict it will increase costs (these things always do) and anticipate that the people who will suffer most will be the people who've been quietly getting away with paying sweet FA for mooring where nobody has taken much notice or interest (not that I'm knocking them for it but all good things come to an end)

There is a hint on the licensing system that there will be pre-approved products (it doesn't say what and it says it's coming soon) and I suggest that some enterprising soul will generate a set of standard impact and risk assessments for use by sailing clubs etc. and also that the MMO will streamline the process somewhat when they realise they've got a can of worms on their hands and some damn fool has taken the lid off!

 

[tillergirl]

Basically, standing back and looking at the big picture, I think this is a "good thing". I cannot see any good reason why anyone should be allowed to litter the seabed with lumps of junk (be it old engine blocks, tyres filled with concrete or whatever) willy nilly.

.....

I doubt if it is going to be the end of the world, I predict it will increase costs (these things always do) and anticipate that the people who will suffer most will be the people who've been quietly getting away with paying sweet FA for mooring where nobody has taken much notice or interest (not that I'm knocking them for it but all good things come to an end)

I think I agree with you. No. I actually do agree with you. Can I say I think that is a lot better analysis than can be found on posts 'in another place'.

 

[FullCircle]

Well said Bruce.
My pragmatic view too.

 

[nigelm]

Phew , for a minute there I thought I was
Going to have swap to a trailer sailer

 

[AliM]

Thanks, Bruce, for doing the hard work on that. It was a really helpful summary and very useful conclusions.

 

[Phoenix of Hamble]

Yes, top stuff Brigantia.

A clear and concise summary of the situation to date.

There will be places that will undoubtedly suffer, such as the mooring hidden round the back of Horsey Island, but generally, the majority of popular moorings that I use, such as the Orwell, The Deben and West Mersea will have some minor, but manageable impact.

My one remaining concern, nicely articulated in your post, is that the cost of getting approval, even for designated authorities, will be excessive. But only time will tell on that one.

Your post should be copied across to the other forum, as it is free of hysteria, circumspect and very simple to read and follow.

 

[penfold]

It's a bit farcical really; we already have to pay the Crown Estate for a licence to put a mooring down, either as an individual or through a mooring association or club. Now they want us to pay another organisation for exactly the same thing? Pointless administrative bloating at a time when the government are supposed to be reducing headcount.

 

[Koeketiene]

Your post should be copied across to the other forum, as it is free of hysteria, circumspect and very simple to read and follow.

Being free of hysteria, circumspect and very simple to read and follow make it extremely unfit to be posted on the other forum

Thanks for the summary/analysis.

 

[Bru]

It's a bit farcical really; we already have to pay the Crown Estate for a licence to put a mooring down, either as an individual or through a mooring association or club. Now they want us to pay another organisation for exactly the same thing? Pointless administrative bloating at a time when the government are supposed to be reducing headcount.

Weeelllll ...

The "licence" from the Crown Estates* is a very different thing. That is a payment to the legal owner of the seabed for permission to moor in their mud (East Coast specific ). It's akin to leasing a piece of land

The licence from DEFRA (1985 to now) or MMO (now onwards) is akin to planning permission to build on that land

* Generally only applicable outside the boundaries of a Harbour Authority. Crown Estates, I have learnt during the process of researching this, control or "own" about 40% of the foreshore and seabed, the greater part being under the auspices of harbour authorities and other bodies (mostly as a result of primary or secondary legislation) or in private (inc. company) ownership having been sold off or leased out

 

[LONG_KEELER]

I think I agree with you. No. I actually do agree with you. Can I say I think that is a lot better analysis that can be found on posts 'in another place'.

+1

Thanks Brigantia ! Excellent.

 

[Bru]

Your post should be copied across to the other forum, as it is free of hysteria, circumspect and very simple to read and follow.

To be honest, I'm getting less and less willing to post on the general forums (PBO, Scuttlebutt and esp. the lounge) as it seems to be impossible to conduct a sensible discussion / debate on any topic without it descending into a farce and/or ending up in personal abuse

Appreciate the positive feedback, it was interesting to research and glad it was appreciated

Time for a bath and then its off to work <sigh>

 

[oldgit]

Our moorings on the Medway are managed by Peel Ports.

 

[Bru]

Our moorings on the Medway are managed by Peel Ports.

which, I note, is the statutory harbour authority for the Medway from Medway Buoy to Allington Lock and the Swale and therefore falls within the exceptions to the requirement for a licence from the MMO in respect of moorings and navigation buoys

One thing I did not think to mention in my original post, by the way, is that piers, pontoons, slipways, hards, etc. etc., even within the area controlled by a harbour authority, do require an MMO licence (as well as any harbour authority permissions, planning consent etc.). The exception only applies to moorings and navigation buoys