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The Issue
3. The definition of "dredging" in regulation 2(1) of the MDRs exempts from the scope of the MDRs "dredging in any waters within the jurisdiction of a harbour authority, as defined by section 57 of the Harbours Act 1964". This exclusion was included because the original intention was for mineral extraction in harbour areas to be covered by the UK wide Marine Works (Environmental Impact Assessment) Regulations 2007 (the " MWRs") 3. These Regulations transpose the EIA Directive in relation to harbour works requiring approval or consent in accordance with a local Act; a local Act read together with a notice given and published under section 9 of the Harbours Transfer Act 1862; or an order made under sections 14 or 16 of the Harbours Act 1964. However, the definitions used in the MWRs are now not considered wide enough to cover commercial minerals extraction undertaken by the extractive industry. The proposals in this consultation paper are intended to close this regulatory gap.
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