At the Inquiry, the Environment Agency Wales will present its case for the granting of modern powers through a Dee Conservancy Harbour Revision Order, to apply to its jurisdiction over the entire Dee Estuary. Mostyn Docks Limited, the statutory harbour authority for part of the estuary surrounding the Port of Mostyn docks, will also submit its own Harbour Revision Order proposals to extend the limits of its jurisdiction as a harbour authority and for pilotage purposes.

The Agency’s application is being made in response to the government’s Port Marine Safety Code, which introduces general national standards into every aspect of port marine safety, and the substantial recent increase in activity in the Dee estuary. Activity includes commercial traffic, which is playing an increasingly important part in the area’s economy – vessels used to transport Airbus A380 super jumbo wings, for example – commercial fishing, recreational sailing and water sports.

The Environment Agency Wales has presented a Statement of Case for its Harbour Revision Order to the Public Inquiry:

The need for the Agency’s proposed Order can be summarised as follows:

to modernise the local legislation governing the conservancy of the estuary and the regulation of navigation of it, so improving the safety regime in the estuary;

to enable the Agency to comply fully with the Port Marine Safety Code;

to bring the estuary into line with most other estuaries, ports and harbours throughout the UK, in terms of local powers available for the regulation and management of navigation; and to enable to Agency to levy dues on those using the estuary to contribute towards the cost of the Agency’s functions as conservancy and local lighthouse authority.

The Agency’s proposed Order further provides for a wide-ranging consultative committee representing all of the interests in the estuary, so ensuring that the needs of all the local and national organisations and individuals are met in the navigation management of the estuary.

The Agency’s proposed Order provides for the safe and efficient management of navigation in the estuary pending any establishment of a unitary authority responsible for the management of the entire estuary. In particular, by enabling the Agency to levy dues on navigation users, the management of navigation should be able to be self financing for the first time in over a century. Once the management of navigation is self financing, it will be possible to determine whether a dedicated navigation authority for the whole estuary, whether a commercial body or trust port, would be viable.

Mostyn’s proposed Order would further fragment the already complicated jurisdictions on the estuary. Nor is there any provision in Mostyn’s proposed Order for consultation with stakeholders.

In particular, the Agency would like to emphasise the importance of the estuary as a protected site. There are hardly any sites in the UK with a greater number of conservation designations than the Dee estuary. It is imperative for the integrity of the Natura 2000 network that the conservation features of the estuary are protected. It is therefore imperative that an appropriate body is responsible for the regulation of the estuary.

However, the Agency agrees with the aspect of Mostyn’s proposed Order to extend the Port’s pilotage jurisdiction.

The Agency therefore considers that it is in the public interest for the Agency’s proposed Order to be made, and for Mostyn’s proposed Order to be made but modified so as only to relate to its pilotage jurisdiction.