Policy paper

Marine environment: unexploded ordnance clearance joint interim position statement

Updated 13 January 2022

Applies to England, Northern Ireland and Scotland

Introduction and context

Increasing development in the marine environment is leading to the discovery of a greater number of undetonated munitions.

Clearance of unexploded ordnance (UXO) is commonly undertaken by high order detonation, which leads to loud blasts and disturbs protected marine mammals.

Considering new ways to clear UXO could reduce noise levels and improve the protection of the UK marine environment.

The UK government is committed to protecting our seas and achieving good environmental status through the UK Marine Strategy, including reducing noise levels through the associated underwater noise target.

Recognising that clarity on the use of alternative technologies is needed whilst awaiting the results of ongoing trials, a joint interim position statement has been developed.

Together with the Department for Business, Energy and Industrial Strategy (BEIS), the Marine Management Organisation (MMO), the Joint Nature Conservation Committee (JNCC), Natural England (NE) the Offshore Petroleum Regulator for Environment and Decommissioning (OPRED), the Department of Agriculture, Environment and Rural Affairs (DAERA), NatureScot Marine Scotland and Natural Resources Wales we have published this joint interim statement which sets out our position on the use of lower noise alternatives to high order detonation of UXOs within the marine environment.

Alternatives have been proposed and used. However, there is currently a lack of supporting information on some of these methods' efficacy and impact on the marine environment.

We support the development, use of lower noise alternatives, and set out here our recommendations until more robust evidence is available.

Recommendations

All UXO clearance applications and what is likely to be needed in the circumstances will be considered on a case-by-case basis.

Engagement with the relevant regulator and Statutory Nature Conservation Bodies (SNCBs) at the earliest opportunity is strongly recommended to prevent consenting delays. These are our recommendations for all UXO clearance applications.

Prioritise low noise alternatives

Low noise alternatives to high order detonations should be prioritised when developing protocols to clear UXOs.

However, it is acknowledged that high order detonation may be needed in some limited instances as a contingency, where low noise alternatives are not feasible, or where pre-planning is not a viable option (where urgent clearance is required because of immediate safety concerns).

Detailed impact assessment and mitigation plan

A detailed impact assessment and mitigation plan should be submitted as part of any licence application.

When low-noise alternatives are the primary method of removal, an assessment of multiple scenarios is recommended in line with the environmental precautionary principle (for example, high order clearance versus alternative methods).

Environmental precautionary principle

The environmental 'precautionary principle' provides that where a process may have a dangerous effect, even where scientific evaluation does not allow the risk to be determined with certainty, then appropriate risk management action be taken.

In this case, for example, to address the risk that the device plus donor charge will detonate at its full potential, as was expected when first made (a high order detonation).

If high order clearance is the only method considered, an appropriate justification for this should be provided.

Alternatives to high order detonation for clearance

Using alternatives to high order detonation as the primary method of clearance is preferred.

For methods where there is currently insufficient data to show their effectiveness at reducing environmental impacts, the impact assessment process and the resulting mitigation requirements are likely to be based on a scenario where the UXO fully detonates (a high order detonation).

The risk associated with high order detonation, according to the precautionary principle, is particularly likely to apply where clearance activities are being undertaken within or proximate to protected sites.

Robust environmental monitoring plan

The impact assessment and mitigation requirements should be completed together with a robust environmental monitoring plan (as set out in JNCC interim guidance) to verify effects and inform future use.

Monitoring should take place whether the clearance procedure is via high order detonation or a low noise alternative.

The monitoring plan should primarily focus on underwater noise, in line with the National Physical Laboratory noise monitoring protocol, but the operator may also be asked to measure other parameters (for example, seabed impacts where this is a concern).

As further scientific data becomes available, which quantifies the levels of noise reductions and effectiveness of currently available alternative UXO clearance methods, our position and associated assessment and mitigation recommendations will be reviewed by SNCBs and regulators. Interim guidance on mitigation options can be found on the JNCC webpage.

Background

After World Wars 1 and 2, a large volume of explosives were left undetonated in the marine environment, including:

  • sea mines
  • torpedoes
  • depth charges
  • air-dropped charges
  • artillery projectiles
  • rockets
  • land mines
  • land service ammunition (for example, mortars, grenades or small arms ammunition)

These explosives may be found in isolation or in munition dump areas.

Before work can commence, any new marine development or activity should show the area is clear of UXOs, or that UXOs can be safely avoided to ensure the safety of their personnel.

Devices may also be found during routine maintenance surveys of offshore infrastructure and require urgent removal to protect that infrastructure.

Safety, project design or time constraints mean the usual method of clearance is to detonate the device in situ.

This has historically involved placing relatively large explosive donor charges next to the UXO, to detonate any live explosive material left in the device (referred to as high order detonation).

Injury to marine species from noise associated with the blast and seabed disturbance are key environmental concerns when clearing UXOs using high order detonation.

The scale of potential impacts from a detonation will vary depending on the device and its location.

The volume of viable explosive material can vary, depending on the type of device, its age and level of decomposition and subsequently, devices may not detonate to their full potential. However, this cannot be determined prior to detonation.

Alternatives to high order detonation

Alternatives to high order detonation are now available to the commercial market; some have been developed in a military context but not used commercially, while others have been developed purely for industry use.

These alternatives also require the use of explosive material to effect clearance but in much smaller volumes compared to the donor charges required for high order detonation.

All aim to render UXOs inert without resulting in a high order detonation (only the donor charge will detonate).

It is expected these alternative methods will cause lower noise levels thus, reducing impacts to the marine environment; their development and use is welcome and encouraged.

Supporting evidence

Using alternatives is relatively new approach in a commercial context, so the supporting evidence currently available is limited and varied, depending on the specific method.

Robust evidence to support claims of reduced noise to the marine environment from alternative clearance methods is necessary for the consideration of appropriate mitigation measures, as is evidence of their effectiveness and safety for marine users.

Further research is also required to characterise chemical contaminant releases and any impact that damaged or degraded explosives, and their casings may have on the marine environment.

Actions taken

Several pieces of work currently are underway by industry and the UK Government to help build this evidence base.

The UK government, regulators and SNCBs encourage and, where possible, will help facilitate the collection of such evidence in discussion with industry.

The collection of high-quality data will enable regulators, with support from SNCBs, to make evidence-based decisions and recommendations around the use of alternative technologies.

As further scientific data becomes available, which quantifies the levels of noise reductions and effectiveness of currently available alternative UXO clearance methods, our position and associated assessment and mitigation requirements will be reviewed by SNCBs and regulators.

Who we are working with

Reducing UK greenhouse gas emissions to net zero by 2050 is a key UK government policy.

In doing so, the UK government expects that offshore wind will play a significant role in delivering decarbonisation of the electricity system.

The UK government is committed to ensuring that the deployment of offshore wind happens in a manner which is sustainable and respects the marine environment.

We have been working across the UK government and with associated organisations with an interest in UXO and their clearance to develop this joint interim position statement.

Department for Business, Energy and Industrial Strategy

As the Department with lead responsibility for low carbon electricity generation, the Department for Business, Energy & Industrial Strategy is working closely with Defra, The Crown Estate, Crown Estate Scotland, industry and wider stakeholders to better understand the potential environmental impacts of increased deployment and develop strategic solutions to mitigate and compensate for them.

To better understand the potential environmental impacts of increased deployment and develop strategic solutions to mitigate and compensate for them.

This includes the underwater noise impacts from UXO detonation. BEIS has developed and agreed to this statement in conjunction with Defra.

BEIS's Offshore Energy Strategic Environmental Assessment Research Programme has been investigating UXO clearance options since early 2019.

This has been undertaken in 4 phases:

  1. Phase 1 of the research in 2019 comprised a review of existing information and the development of a protocol for measuring underwater sounds during UXO clearance.
  2. Phase 2, also in 2019, undertook controlled quarry testing of Alfords Technology deflagration, which showed a substantial reduction in noise using the technique. Conclusions of these tests have been published.
  3. Phase 3 undertook a study on characterisation of acoustic fields generated by UXO removal using 3rd party data
  4. Phase 4 is currently underway and will involve at-sea trials of Alfords Technology deflagration to determine if positive findings from the quarry are transferable to the offshore marine environment.

A fifth phase, further controlled quarry trials may also be undertaken for other low order technologies where there are no acoustic measurement data available to ensure all technologies can be considered comparably.

Marine Management Organisation

The Marine Management Organisation (MMO) was created in 2009 by the Marine and Coastal Access Act to protect and enhance our precious marine environment and support UK economic growth by enabling sustainable marine activities and development.

The MMO assesses license applications for a range of marine activities, including for UXO clearance.

The impacts of these are assessed by the MMO on a case-by-case basis and have developed and agreed to this statement in conjunction with Defra.

Joint Nature Conservation Committee

The Joint Nature Conservation Committee is an impartial scientific authority on UK and international nature conservation.

They provide statutory advice on the likely environmental impacts of UXO clearance in offshore waters and have developed and agreed to this statement in conjunction with Defra.

Natural England

Natural England was established in 2006 and they are the UK Government's adviser for the natural environment in England.

Their purpose is to help conserve, enhance and manage the natural environment for the benefit of present and future generations, contributing to sustainable development.

They advise on marine licence applications for a range of activities, including UXO clearance and have developed and agreed to this statement in conjunction with JNCC and Defra.

Offshore Petroleum Regulator for Environment and Decommissioning

The Offshore Petroleum Regulator for Environment and Decommissioning (OPRED) is part of the Department for Business, Energy and Industrial Strategy (BEIS).

OPRED develop, administer, and enforce the offshore oil and environmental regulatory regime (including offshore gas unloading and storage and carbon dioxide storage) and has developed and endorsed this statement in conjunction with Defra.

Department of Agriculture, Environment and Rural Affairs

The Department of Agriculture, Environment and Rural Affairs (DAERA) Marine and Fisheries Division carry out licensing and enforcement functions in Northern Ireland territorial waters, under the Marine and Coastal Access Act 2009.

Current marine licensing legislation applies to the Northern Ireland inshore region and allows sensible and necessary development to go ahead in a manner that minimises adverse impacts on the environment, human health and users of the sea.

DAERA has developed and agreed to this statement in conjunction with Defra.

Marine Scotland

Marine Scotland is a Directorate of the Scottish Government and is responsible for the integrated management of Scotland’s seas. Marine Scotland’s purpose is to manage Scotland’s seas for prosperity and environmental sustainability,

Marine Scotland assesses license applications for a range of marine activities, including UXO removal. The impacts associated with these activities are assessed by Marine Scotland on a case-by-case basis and they have developed and agreed to this statement in conjunction with Defra.

NatureScot

NatureScot is Scotland’s nature agency with 30 year of advising Government, formally established as Scottish Natural Heritage and rebranded as NatureScot in 2020.

They work to enhance Scotland’s natural environment and inspire everyone to care more about it. They advise on marine licence applications for a range of activities, including UXO clearance and have developed and agreed to this statement in conjunction with Defra and Marine Scotland.

Natural Resources Wales

Natural Resources Wales (NRW) is the largest Welsh Government sponsored body. Formed in April 2013, largely taking over the functions of the Countryside Council for Wales, Forestry Commission Wales and the Environment Agency in Wales, as well as certain Welsh Government functions.

NRW provide statutory nature conservation advice to Welsh Government, as well as industry and the wider public. They also have regulatory responsibilities for a wide range of activities including European protected species licensing and marine licensing including UXO clearance.

The impacts associated with these activities are assessed by NRW on a case-by-case basis. NRW have developed and agreed to this statement in conjunction with Defra.

Ministry of Defence

The Ministry of Defence has responsibility for the protection and security of the United Kingdom. We have been working closely with the Ministry of Defence though the Southern North Sea Regulators Working Group to ensure join up on relevant aspects of UXO policy.

The Ministry of Defence domestic live UXO clearance activity is primarily at the request of UK civil authorities where safety of life and property are threatened and a rapid response is required.