Description

Navigation (Establishing, Maintaining and Decommissioning Aids to Navigation)

Key locations

One lighthouse is located at St Abbs Head. Two lighthouse are present on the Farne Islands at Inner Farne and Longstone. One is situated at Bamburgh. Two at Holy Island at Guille Point East and Heugh Hill. Other aids to navigation, such as daymark beacons and buoys are also found along the Berwickshire and Northumberland coast.

Frequency

Continuous

Potential issues

  • Disturbance to birds and seals
  • Damage to features during maintenance and repair to navigational aids at the coast

Features of Marine Protected Areas which might be affected

  • Reefs
  • Sand and mud flats
  • Inlets and bays
  • Grey seal
  • Birds (wintering and breeding)

Legal Responsibilities or Duties (England)

A number of legal powers, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:

Legal Responsibility, Duty or Regulatory Tool Relevant Legislation Lead Organisation
Trinity House role as General Lighthouse Authority Merchant Shipping Act 1995 (Section 193 and 197) Trinity House
Statutory Harbour Authorities role as Local Lighthouse Authority Merchant Shipping Act 1995 (Section 193) Harbour and Port Authorities
Superintendence and management of all lighthouses, buoys and beacons Merchant Shipping Act 1995 (Section 195) Trinity House
Duty to inspect all lighthouses, buoys and beacons belonging to or under the management of any local lighthouse authority Merchant Shipping Act 1995 (Section 198) Trinity House
Requirement for Marine Licences

 

Marine and Coastal Access Act 2009 (Section 71) Marine Management Organisation
Requirement for SSSI Consent, Assent or Advice

 

Wildlife and Countryside Act 1981 (as amended) (Section 28) Natural England
Requirement for Habitats Regulations Assessment (HRA) of impacts

 

The Conservation of Habitats and Species Regulations 2017 (Regulation 63) All Competent or Responsible Authorities as defined by the Regulation.
Duty on Public Authorities to consider the effect of proposed activities
on MCZs before authorising them
Marine and Coastal Access Act 2009 (Section 126) All Public Authorities

Relevant Guidance, Plans or Codes (England)

The following guidance, codes, plans or strategies are also relevant to the management of this activity:

Name Description Responsible Organisation Statutory or Non-Statutory?
Port Marine Safety Code 2016

 

Sets out a national standard for port marine safety. The code applies to all harbour authorities and other marine facilities, berths and terminals in the UK. It includes a section on environmental duties.

 

Department of Transport/MCA Port Marine Safety Code 2016

 

A Guide to Good Practice on Port Marine Operations A Guide to Good Practice on Port Marine Operations (Department of Transport/Maritime and Coastguard Agency 2016) – guidance prepared in conjunction with the Port Marine Safety Code

 

Department of Transport/MCA A Guide to Good Practice on Port Marine Operations

Details of Current Management (England)

Aids to navigation in UK waters include lighthouses, buoys, light vessels and beacons together with electronic Aids to Navigation assist all mariners at all times and in all weathers. In England, Trinity House is the General Lighthouse Authority under the Merchant Shipping Act 1995 and has primary responsibility for maintenance of aids to navigation.  Harbour authorities act as the Local Lighthouse Authority for their area. They have the power to carry out and maintain the marking or lighting of any part of the harbour within the authority’s area. Further guidance on the role of Harbour Authorities in maintenance of navigation can be found in the MCA publication A Guide to Good Practice on Port Marine Operations

Trinity House has a duty to inspect all lighthouses, buoys, beacons and other navigational aids belonging to a local lighthouse authority and may give direction about the provision and positioning of navigational aids. Local Lighthouse Authorities in England require consent from Trinity House to erect, remove or vary the character of a lighthouse, buoy or beacon.

Aids to navigation maintained by Local Lighthouse Authorities must be maintained in accordance with criteria laid down by Trinity House and are subject to periodic review.

Trinity House in England operates within an Environmental Management System that is certified against the requirements of BS EN ISO 14001:2004 Environmental Management Systems, and expects all contractors to work to similar standards. Contractors must give priority to reducing environmental impacts and complying with regulatory environmental standards. Significant environmental aspects must be properly controlled and maintained with documented procedures. Field Operatives and Engineers and Mariners receive basic in house training on the importance of Environmental Designations and what they mean. Trinity House also displays details of local environmental designations at each lighthouse for staff reference. Contractors must be aware of the provisions in Part II of the Environmental Protection Act 1990 and the Environmental Protection (Duty of Care) Regulations 1991, which place a clear responsibility on the generators of waste to ensure that it is properly and safely disposed of.

Works on navigational aids are subject to the need for appropriate consents or licences. Depending on the location and nature of works these may include requirements for marine licences, SSSI consent or planning permission. Outside of European sites (Special Protection Areas and Special Areas of Conservation), Trinity House have permitted development rights for their activities.

Legal Responsibilities or Duties (Scotland)

A number of legal powers, duties or regulatory tools exist which are relevant to this activity and its management. These are summarised in the table below:

Legal Responsibility, Duty or Regulatory Tool Relevant Legislation Lead Organisation
Trinity House role as General Lighthouse Authority Merchant Shipping Act 1995 (Section 193 and 197) Northern Lighthouse Board
Statutory Harbour Authorities role as Local Lighthouse Authority Merchant Shipping Act 1995 (Section 193) Harbour and Port Authorities
Superintendence and management of all lighthouses, buoys and beacons Merchant Shipping Act 1995 (Section 195) Northern Lighthouse Board
Duty to inspect all lighthouses, buoys and beacons belonging to or under the management of any local lighthouse authority Merchant Shipping Act 1995 (Section 198) Northern Lighthouse Board
Requirement for SSSI Consent or Advice

 

Nature Conservation (Scotland) Act 2004 (Sections 13-17)

 

Scottish Natural Heritage
Requirement for Marine Licences Marine (Scotland) Act 2010

(Part 4)

Marine Scotland
Requirement for Habitats Regulations Appraisal (HRA)

 

The Conservation (Natural Habitats, &c.) Regulations 1994

(Regulation 48)

All Competent or Responsible Authorities as defined by the Regulation.

Relevant Guidance, Plans or Codes (Scotland)

The following guidance, codes, plans or strategies are also relevant to the management of this activity:

Name Description Responsible Organisation Statutory or Non-Statutory?
Port Marine Safety Code 2016

 

Sets out a national standard for port marine safety. The code applies to all harbour authorities and other marine facilities, berths and terminals in the UK. It includes a section on environmental duties.

 

Department of Transport/MCA Port Marine Safety Code 2016

 

A Guide to Good Practice on Port Marine Operations A Guide to Good Practice on Port Marine Operations (Department of Transport/Maritime and Coastguard Agency 2016) – guidance prepared in conjunction with the Port Marine Safety Code

 

Department of Transport/MCA A Guide to Good Practice on Port Marine Operations

Details of Current Management (Scotland)

Aids to navigation in UK waters include lighthouses, buoys, light vessels and beacons together with electronic Aids to Navigation assist all mariners at all times and in all weathers. In Scotland, the Northern Lighthouse Board is the General Lighthouse Authority under the Merchant Shipping Act 1995 and has primary responsibility for maintenance of aids to navigation.  Harbour authorities act as the Local Lighthouse Authority for their area. They have the power to carry out and maintain the marking or lighting of any part of the harbour within the authority’s area. Further guidance on the role of Harbour Authorities in maintenance of navigation can be found in the MCA publication A Guide to Good Practice on Port Marine Operations

The Northern Lighthouse Board has a duty to inspect all lighthouses, buoys, beacons and other navigational aids belonging to a local lighthouse authority and may give direction about the provision and positioning of navigational aids. Local Lighthouse Authorities in Scotland require consent from Northern Lighthouse Board to erect, remove or vary the character of a lighthouse, buoy or beacon.

Aids to navigation maintained by Local Lighthouse Authorities must be maintained in accordance with criteria laid down by the Northern Lighthouse Board and are subject to periodic review.

Works on navigational aids are subject to the need for appropriate consents or licences. Depending on the location and nature of works these may include requirements for marine licences, SSSI consent or planning permission. Outside of European sites (Special Protection Areas and Special Areas of Conservation), the Northern Lighthouse Board have permitted development rights for their activities.