Marine licensing – unexploded ordnance clearance: application guidance

Overview

The Scottish Government, alongside the UK Government, has national and international obligations relating to the management of our seas and the protection of habitats and species. The Scottish Government are committed to taking the necessary measures to achieve and maintain good environmental status of our waters through the UK Marine Strategy. We recognise the potential effects that the clearance of unexploded ordnance (UXO) can have on our marine environment.

Read more in the following sections:

• introduction
• marine licensing requirements
• information to support the marine licence application
• reporting on the clearance activity
• categorisation of applications

Introduction

An increase in marine construction projects is leading to the discovery of UXO, which need to be cleared to protect human life and infrastructure. After both World Wars, large numbers of explosives were left undetonated in the marine environment. 

Clearance has previously been undertaken by placing explosive donor charges next to UXO. When this donor is detonated, it causes the UXO to detonate through a process referred to as high-order detonation. This blast can produce high levels of energy which can result in effects on the marine environment. These effects can include seabed damage and injury and disturbance to marine species, some with protected status, from the associated noise. 

There are lower-noise alternatives to high-order detonation which are safe, commercially available and cause less environmental harm. Those currently available still require the use of a donor charge to carry out clearance (although this charge is much smaller than those typically used for high-order clearance), but they render the UXO safe, without resulting in a high-order detonation. As less energy is emitted into the marine environment, the potential environmental effect is lower than for high-order clearance.

This Scottish Government guidance, sets out the approach to marine licensing for activities relating to UXO clearance and provides information for prospective applicants for marine licences to carry out UXO clearance in Scottish waters, in accordance with the UK Joint Position Statement. It should therefore be read in conjunction with the Joint Position Statement. 

Applications for marine licences will be determined by MD-LOT on a case-by-case basis and on the merits of an application, in light of the individual circumstances. The approach to marine licensing for UXO clearance, as set out in this guidance is not to be taken as pre-determining an application or conditions which could be applied to any marine licence granted.

Joint Position Statement

A  Joint Position Statement on why low noise methods should be the default method of clearance has been agreed, representing the collective view of:

• the Scottish Government
• NatureScot
• the Department for Environment, Food and Rural Affairs
• Department for Energy Security and Net Zero
• Marine Management Organisation
• Welsh Government
• Natural Resources Wales
• Department of Agriculture, Environment and Rural Affairs
• Joint Nature Conservation Committee (JNCC)
• Natural England

If there are extraordinary circumstances which mean lower-noise clearance cannot be undertaken successfully, applicants should engage the Marine Directorate-Licensing Operations Team and statutory nature conservation bodies (NatureScot/JNCC) at the earliest opportunity.

Extraordinary circumstances are those in which high-order clearance is the only viable option and it is clear that lower-noise methods cannot be attempted or were not successful. Such circumstances might include those where the factors of the UXO or of its location (e.g. depth, level of degradation, shell thickness, etc.) far exceed the expected or demonstrated capabilities of any known lower-noise clearance tools, such that any attempt to use such lower-noise tools would not be feasible.