License Application Guidance

When is a licence required under the Food and Environment Protection Act (FEPA)?

For the deposits of substances or articles in the sea or under the seabed including disposal at sea of dredged material or other substances (Disposal at sea License Required)
Construction work which involves deposition of materials below the High Water Mean Spring Tide, e.g. building of harbours, jetties, sea outfall pipes, reclamation of land etc. (Construction License Required).

Some minor works of construction may be exempt from FEPA licensing, these are listed in the Deposits in the Sea (Exemptions) Order (Northern Ireland), 1995. However, an application should always be submitted to us for assessment of the need for licencing.

What is the procedure for obtaining a FEPA Licence?

Contact us to obtain the appropriate form (for disposal at sea or a construction licence). Since the determining of a licence can be complex we may request environmental information to be submitted in support of the application. Hence we strongly recommend you make an appointment to speak to a member of staff about your project; contact:

Chris Burns, by telephone 028 9262 3156 or by email: Chris.Burns@doeni.gov.uk

Trevor McQuoid, by telephone 028 9263 3440 or by email: Trevor.McQuoid@doeni.gov.uk.

Completing the application form

Complete the application form and submit to NIEA with application fee. Both marine construction and disposal applications are subject to an administrative fee.

Food & Environment Protection Act 1985 (FEPA) Part II, New Fees and Charges leaflet(.PDF 38Kb)

Food & Environment Protection Act 1985 (FEPA) Part II New Fees and Charges leaflet(.PDF 100Kb)

Proposals to Introduce in Northern Ireland Phase II of New Fees Structure for Licences under the Food and Environment Protestion Act 1985, Part II, (Deposits at Sea)(PDF 363Kb)

Completion of a Best Practical Environmental Option statement (BPEO) is required for all disposal licence applications. (Our BPEO - Decision Makers Guide can be obtained by contacting Trevor McQuoid, Trevor.McQuoid@doeni.gov.uk). Failure to provide all the information requested on the form may delay the application process. You must allow at least four months to process application. FEPA licences cannot be issued retrospectively.

After the application has been received by us you may be required to provide further information concerning the nature of the material to be disposed of. This may entail having samples of the material analysed for a variety of physical and chemical parameters at a quality assured laboratory. If sediment analysis is required, we will detail in writing to you, the number and location of samples to be taken and the type and analysis to be carried out.

The licence application then goes to a consultation process with a number of relevant organisations. This is to aid the determination of the licence and identify any conditions that may be included in a licence. If a licence is to be granted, a draft copy will be forwarded to the application for the comment in the first instance.

What factors are considered by us in assessing applications for FEPA Licences?

As a licensing authority we are required under the FEPA to protect:

The marine environment
The living resources which it supports
Human health
To prevent interference with legitimate uses of the sea
And have regard to such matters as it considers relevant.

In the applications for the disposal licences you are required to explore any alternative methods of disposal (hence the necessity for a BPEO statement).

In order to fulfil the objectives of FEPA Part II we consult with a number of other organisations on each application. The bodies concerned are:

NIEA, Natural Heritage (advice on conservation issues)
NIEA, Built Heritage (advice on preservation of shipwrecks and marine archaeology)
Department of Agriculture and Rural Development - Fisheries Division (advice on shellfish and fin fish interests)
Maritime and Coastguard Agency (advice on navigational issues)
The Crown Estate
Local Authorities (where planning consent is not required).

Appeals Procedure:

In accordance with section 8 (12) of the FEPA, the applicant may request in writing, the reason for either a licence refusal or the reason for inclusion of any provision in the final licence. Upon receipt of such a request a committee would be constituted to consider your representations. However, before deciding whether to make formal representations, an opportunity would be given to you to discuss the matter informally with officials.

After a FEPA Licence has been issued:

Please note the conditions and notes which form part of a sea disposal licence regarding composition of the waste, use of the designated disposal site and the information which must be recorded in the log book of the disposal vessel are monitored for compliance. Similarly construction licences are monitored for licence compliance.

We may vary or revoke a licence if:

It appears that there is a breach of any of its conditions
There is a change in circumstances relating to the marine environment, the living resources that it supports or human health
Because of increased scientific knowledge of the above factors.

Licence holders are required to return records of the amount of material deposited in the sea to us for each calendar year. Details of this requirement are included with each licence.