We advise in respect of all aspects of marine related legal advice to a national and international client base representing ports, harbours, marinas, government agencies, property developers, insurers, banks, shipping companies, fishermen, and other marine businesses.
We advise in relation to all aspects of marine regulation, including harbour revision, empowerment and closure orders, marine licensing, harbour and pilotage dues, general directions, harbour directions and byelaws (including prosecutions), statutory harbour powers, removal of vessels and wrecks, harbour works licensing, oil pollution claims, other environmental matters, and Maritime Safety (both “MCA” and “HSE”).
In addition, we advise on a wide range of trade and Brexit related matters including commercial Terms and Conditions, the Common Transit Convention, Freeports and the Ports Infrastructure Fund.
We are recognised nationally for our pre-eminent Coastal Development and Marine Licensing expertise and are currently advising on a number of multi-million-pound coastal developments.
The Ashfords Marine and Transport team has an in depth knowledge of the Ports Industry and advise in relation to all aspects of marine regulation, including statutory harbour powers, harbour revision, empowerment and closure orders, harbour and pilotage dues, general directions, harbour directions and byelaws (including prosecutions), removal of vessels and wrecks, salvage, harbour works licensing
Find out moreHarbour Revision, Empowerment and Closure Orders
The majority of operational ports and harbours in the UK are run by 'statutory' harbour authorities ("SHAs"). SHAs originally obtained their powers under statute and as such, must exercise them in accordance with their governing legislation.
Find out moreUnder the Marine and Coastal Access Act 2009 ('MCCA') the Marine Management Organisation ('MMO') is responsible for Marine Planning and Licensing in the English inshore and offshore areas and for marine licensing in Welsh and Northern Ireland offshore areas.
Find out moreObtaining the consents required for coastal development can be a complex and time consuming process. Our pre-eminent coastal development expertise is nationally recognised and we use our extensive experience to pursue consents in a timely and cost effective manner, reducing project delay.
Find out moreUnder the Merchant Shipping Act 1995 ('MSA'), you must report all wreck material recovered from UK territorial waters and any wreck material brought into the UK from outside UK territorial waters to the Receiver of Wreck.
Find out moreThe Ashfords Marine Prosecutions Team has significant experience of defending and prosecuting marine related cases involving marine regulatory offences and maritime safety. Our practice includes marine licensing and fisheries prosecutions, harbour authority byelaws, general directions and harbour directions (including drafting new byelaws and directions) and maritime safety (MCA and HSE).
Find out moreThe UK government has committed to establishing Freeports in each of the four nations, with a target of 10 across the UK (including a minimum of one in each of Northern Ireland, Scotland and Wales, if supported by the devolved administrations).
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Frequently Asked Questions
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Do I need a marine licence?
Under the Marine and Coastal Access Act 2009 a marine licence is required for 'licensable activities' taking place up to the mean high water spring tide mark (including tidal estuaries, rivers and channels) unless an exemption applies. In addition the scope of activities requiring a marine licence has been significantly widened and includes:
- Construction, alteration or improvement of any works in or over the sea or on or under the sea bed (this description can encompass the maintenance of existing works;
- Dredging;
- Deposit, removal or incineration of any substance or object;
- Scuttling of any vessel or floating container
Carrying out a 'licensable activity' without a marine licence (or in breach of its conditions) can result in an unlimited fine or up to 2 years in prison (for the most serious offences).
Relevant Experience
New Ferry Terminal: Advising and acting for a government department in connection with the construction of a new Ferry Terminal in a UK port including, marine licensing, EIA deferrals and statutory harbour power related advice.
All relevant experienceAwards
