Policy paper

Marine environment: unexploded ordnance clearance Joint Position Statement

Published 21 January 2025

Context

The UK government and devolved governments have national and international commitments relating to the management of our seas and the protection of habitats and species. We 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 impacts clearance of unexploded ordnance (UXO) can have on our marine environment. After both World Wars, large numbers of explosives were left undetonated in the marine environment. An increase in marine development is leading to the discovery of a great number of UXOs, which need to be cleared to protect human life and infrastructure.

Clearance has previously been undertaken by placing explosive donor charges next to the 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 considerable impacts on the marine environment. These impacts can include seabed damage, and injury and disturbance to marine species from the associated noise.

There are low noise alternatives to high order detonation that 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 for environmental impacts is lower than for high order clearance.

The methods available to clear UXOs are evolving, as is the available evidence supporting claims of their reduced environmental impact. This joint statement sets out the collective position of the UK government, devolved governments and associated bodies on the use of low noise methods of clearing UXOs within the UK marine environment, in relation to commercial marine developments. The following position statement replaces the interim position statement first published in November 2021 (updated in January 2022). This, and the accompanying guidance, aims to reduce environmental impacts during UXO clearance in the marine environment.

A marine licence is required for UXO clearance activities. This position statement sets out how the signatories expect to approach marine licensing for these activities and provides guidance to potential applicants as to how best to undertake applications for such marine licences, in the context of this general approach.

It remains the case that any and all applications for marine licences will be determined on a case-by-case basis, on the basis of the application that has been made and the individual circumstances. The approach that the signatories generally expect to take with regards to marine licensing for UXO clearance, as set out in this document, is in no way to be taken as the signatories pre-determining whether or not a marine licence will be granted or pre-determining what conditions will be applied to such marine licences.

This revised statement does not apply to military applications, which are exempt from statutory licensing processes. The Ministry of Defence works closely with environmental regulators and legislators to ensure it is aligned with relevant aspects of UXO policy and is committed to minimising the environmental impacts of its activities wherever possible.

Low noise methods should be the default method of clearance

Low noise methods of clearance should be the default method used to clear any type of UXO in the marine environment.

If there are extraordinary circumstances which mean low noise clearance cannot be undertaken, applicants should engage with the appropriate licensing authority and statutory nature conservation bodies (SNCBs) at the earliest opportunity to discuss.

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

High order clearance methods should always be the last resort 

High order clearance methods should always be the last resort. It is not acceptable to expect a high order contingency for every confirmed UXO required to be cleared.

Unless there are extraordinary circumstances which mean low noise clearance cannot be undertaken, a high order clearance method should only be included as a contingency option in a marine licence application. This should be discussed with the appropriate licensing authority and SNCBs before submitting the marine licence application. The licensing authority will consider the location and timing of the campaign, and the UXOs that require clearing.

Applicants should demonstrate what measures will be applied to ensure high order clearances are avoided as far as possible. This contingency should only be applied to a UXO where the following conditions are met:

1. The most appropriate low noise method has failed after a minimum of 3 attempts.

2. All best practice has been demonstrably applied.

3. There is prior agreement with the appropriate licensing authority.

Applicants should also consider whether a potential UXO could be a training device with no explosive charge, which would not require high order clearance.

If high order clearance methods are used as a contingency, evidence should be provided in any post-clearance report demonstrating that a low noise method was attempted, with detail of what investigations were undertaken between each low noise attempt to ascertain why it failed and what changes were made to get the low noise method to work in the following attempt.

Additional information to be provided when applying for a marine licence

Marine licence applicants should provide a total number of UXOs to be cleared. This should be as accurate as possible. Ideally, the location and type of each UXO should also be provided. This will enable the licensing authority to best assess the application and the need for any marine licence conditions.

The brand of clearance tool to be used and the operator which will conduct the clearance should be specified. A detailed methodology for deploying the chosen tool should be provided, demonstrating its suitability for the UXOs to be cleared.

This is not an exhaustive list of all information that should be provided in a marine licence application.

All marine licence applications will be determined by the appropriate licensing authority on a case-by-case basis.

For further guidance on marine licence applications to clear UXO in English, Welsh and Northern Irish waters, view the UXO supporting guidance.

For further guidance on marine licence applications to clear UXO in Scottish waters, view the Marine environment: licensing and consenting requirements.

General marine licensing guidance is also available from each licensing authority.

Evidence to support claims of reduced noise levels

To be used at sea, tools claiming to produce a low noise method of clearance should have evidence to demonstrate that their use will result in sufficiently reduced noise levels (compared to equivalent high order clearance).

Robust evidence from a controlled environment is the minimum level that should be provided in a marine licence application.

For more information on what evidence is recommended or might be required by the licensing authority as a condition of consent in English, Welsh and Northern Irish waters, view the UXO Supporting Guidance.

Licensing authorities might choose to process an application for a marine licence to clear UXO in accordance with the proposed method of clearance and the level of supporting evidence available to support claims of reduced impacts for the chosen tool, using the following hierarchy of preference where Category A is the preferred option:

• Category A: clearance using a low noise tool proposed; robust evidence provided from both controlled testing and at-sea clearances, supporting claims of reduced environmental impacts compared to high order clearance
• Category B: clearance using a low noise tool proposed; robust evidence available from controlled testing to support claims this method will result in reduced environmental impacts; no, or limited, at-sea data available
• Category C: clearance using high order detonation proposed for use under extraordinary circumstances only, with clear justification as to why this is the only option
• Category D: clearance using high order detonation proposed; insufficient justification as to why this is the only option

This hierarchy is based on the primary method of clearance proposed, so any contingency usage of high order clearance is considered separately and should be discussed with the appropriate licensing authority and SNCBs. For more information on the categories and their likely impact on licence applications, licence conditions and mitigation requirements in English, Welsh and Northern Irish waters, view the UXO Supporting Guidance.

Mitigation of impacts

Regardless of the clearance tool or method used, all applicants should avoid, reduce and mitigate environmental impacts as far as possible. The marine licence application should therefore be supported by a mitigation plan demonstrating how potential environmental impacts of the UXO clearance will be reduced as far as possible, to be considered by the licensing authority.

As a minimum, this plan should consider impacts to marine mammals, but it may be suitable to consider impacts to other species and habitats, depending on the location of the clearance activity.

The level of mitigation required will be proportionate to the risk posed by the chosen clearance tool and the level of robust evidence available to support its use. Once the mitigation plan is approved, compliance with it may be a condition of any marine licence issued.

For more information on how evidence demonstrating reduced environmental impacts will inform mitigation requirements in English, Welsh and Northern Irish waters, view the UXO Supporting Guidance.

For more information on marine mammal mitigation, view the JNCC web page.

Monitoring requirements

It is important to demonstrate that results from controlled experiments of low noise tools will transfer to open water.

Licensees may be required, as a condition of the marine licence, to undertake underwater noise monitoring to support claims in their marine licence application that a particular clearance method or tool results in lower noise levels compared to high order clearance.

Monitoring requirements will be considered on a case-by-case basis at the application determination stage and monitoring results may be made publicly available by the licensing authority.

For more information on potential monitoring requirements in English, Welsh and Northern Irish waters, view the UXO Supporting Guidance.

Technology development and testing

The development of new methods of clearance with reduced environmental impacts (compared to high order clearance), and new tools that utilise known low noise methods, is welcomed and encouraged. However, applicants are expected to ensure only those clearance tools that are proven to be effective in rendering a UXO safe are proposed in marine licence applications.

Defra is supporting a final phase of controlled trials of suitable novel clearance tools in 2024. Beyond this, we expect evidence from controlled testing to be acquired independently.

Guidance

Further guidance to support those applying for marine licences to clear UXO is available:

• Guidance to support minimising environmental impacts from unexploded ordnance clearance - this is applicable in English, Welsh and Northern Irish waters only.
• For Scottish waters, see Marine environment: licensing and consenting requirements and Marine environment: overview for guidance on marine licensing.
• JNCC marine mammal mitigation guidelines for UXO clearance.

Who we are

The following UK government departments, devolved governments and associated bodies have collaborated to develop this joint position statement.

Department for Environment, Food and Rural Affairs

The Department for Environment, Food and Rural Affairs (Defra) is the ministerial department, supported by 34 agencies and public bodies, that is responsible for improving and protecting the marine environment. Defra’s mission is to restore and enhance the environment for the next generation, leaving it in a better state than we found it. This includes reducing the underwater noise impacts from UXO detonation. Defra has led the development of this statement, with the support and agreement of the organisations below.

Department for Energy Security and Net Zero

As the Department with lead responsibility for low carbon electricity generation, the Department for Energy Security and Net Zero (DESNZ) is working closely with Defra, The Crown Estate, Crown Estate Scotland, industry and wider stakeholders to better understand the potential environmental impacts of increased offshore wind deployment and develop strategic solutions to mitigate and compensate for them. This includes the underwater noise impacts from UXO detonation. DESNZ is also responsible for the development, administration and enforcement of the offshore oil and gas environmental and decommissioning regulatory regime (including offshore gas unloading and storage and carbon dioxide storage, gas storage and hydrogen) through the Offshore Petroleum Regulator for Energy and Decommissioning (OPRED). DESNZ has developed and agreed to this statement in conjunction with Defra.

Marine Management Organisation

The Marine Management Organisation (MMO) was created in 2009 by the Marine and Coastal Access Act to protect and enhance our marine environment and support UK economic growth by enabling sustainable marine activities and development. The MMO assesses and determines licence applications for a range of marine activities including for UXO clearance. The MMO also works as an Interested Party on Development Consent Order (DCO) applications for Nationally Significant Infrastructure Projects and manages and enforces any consequential Deemed Marine Licences forming part of DCO consent. The MMO has developed and agreed to this statement in conjunction with Defra.

Scottish Government

The Scottish Government is responsible for the integrated management of Scotland’s seas. On behalf of Scottish Ministers, the Marine Directorate – Licensing Operations Team (MD-LOT) assess applications for marine licences for licensable marine activities, including the deposit or use of explosive substances or articles within the Scottish marine area and Scottish offshore region either in the sea or on or under the seabed (UXO removal), European Protected Species (EPS) licences and basking shark licences. The Marine Directorate have developed and agreed to this statement in conjunction with Defra.

Welsh Government

Welsh Government is the devolved government of Wales. Welsh Ministers have national and international obligations relating to the management of Welsh waters and the protection of habitats and species. The Welsh Ministers are the marine licensing authority for Welsh waters, the administration of marine licences is carried out by Natural Resources Wales, acting on their behalf. The Welsh Government is responsible for marine licensing policy and legislation and ensure it remains fit for purpose to support the sustainable use of Welsh waters. The Welsh Government has developed and agreed to this statement in conjunction with Defra.

Natural Resources Wales

Natural Resources Wales (NRW) works with the Welsh Government and its partners to ensure Wales can survive and thrive against the backdrop of the nature, climate and pollution emergencies. NRW provides statutory nature conservation advice to Welsh Government, as well as industry and the wider public. It also has regulatory responsibilities for a wide range of activities including European protected species licensing and marine licensing, including UXO clearance.

NRW acts on behalf of Welsh Ministers when determining marine licence applications. 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.

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.

Joint Nature Conservation Committee

The Joint Nature Conservation Committee (JNCC) is an impartial scientific authority on UK and international nature conservation. They provide statutory advice to licensing authorities on the likely environmental impacts including those from 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 Defra.

NatureScot

NatureScot, the operating name of Scottish Natural Heritage, is Scotland’s nature agency with 30 years of advising Government. NatureScot works 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 Directorate.

Ministry of Defence

The Ministry of Defence (MOD) has responsibility for the protection and security of the United Kingdom. The MOD domestic UXO clearance activity is conducted at the request of UK civil authorities where safety of life and property are threatened, and a rapid response is required. The MOD maintains small teams with limited workforce and equipment necessary for agile deployment. MOD requires flexibility in how it undertakes these operations and is necessarily excluded from statutory marine activity licensing regimes. Consequently, MOD is not a signatory to this statement.

When conducting reactive Maritime UXO evolutions, MOD operators are required to consider the environmental impact of the available options alongside the risks to life and property; endeavouring to keep all as low as is reasonably practicable.

MOD explosive ordnance disposal policy and doctrine directs all operators to fully consider a range of environmental impacts when devising the most appropriate course of action as part of their support to civil authorities.

Operators undergo regular training and their competency in risk and impact assessment is validated annually. The MOD works closely with environmental regulators and legislators to ensure it is aligned with relevant aspects of UXO policy and is committed to minimising environmental impacts of its activities wherever possible.

The capabilities of the UXO response teams are reviewed routinely and new technologies or procedures will be adopted if they are affordable and suitable for emergency UXO response.