Regulation of the deposit of wastes and other materials in the sea under part it of the Food and Environment Protection Act 1985

The control of the deposit of wastes and other material at sea below Mean High Water Springs (MHWS) in UK controlled waters is under Part II of the Food and Environmental Protection Act 1985 (FEPA). The Act provides the framework under which the Ministry controls all deposits in the sea and provides for a high degree of environmental protection consistent with national policy and international obligations arising from the Conventions to which the United Kingdom is a signatory (Oslo, London and OSPAR). Since its introduction, FEPA Part II has been modified via the Environmental Protection Act (Sections 146 and 147) to extend the coverage of the Act to United Kingdom controlled waters, to increase the penalties for infringements of the Act and to provide for greater disclosure of information on licences and the licensing process via the public register established as part of the original legislation. The author discusses licensing considerations, assessment of licence applications, and enforcement