Jan Brooke Environmental Consultant Ltd.‏

Jan Brooke: examples of practical experience advising on EU and UK environmental legislation

• At European Level
• At UK Level

At European Level

As Chair and coordinator of the EU-level Water Framework Directive Navigation Task Group since 2003, Jan has been responsible for attending relevant European Commission meetings and participating in a number of Working Groups. In this role, Jan represents the wider European navigation sector (i.e. maritime as well as inland, commercial as well as recreational navigation). She has helped to ensure that information about the Directive and progress with its implementation is disseminated to sector representatives, and she has coordinated the preparation of several discussion and position papers representing the views of the navigation sector for submission to the European Commission. More information about the Navigation Task Group and its role can be found at http://www.pianc.org/euwfd.php

From 2011, Jan worked as an Expert Advisor on the WFD for JASPERS (Joint Assistance to Support Projects in European Regions), a technical assistance partnership managed by the European Investment Bank and co-sponsored by the European Commission. Jan’s work for JASPERS has included the development and delivery of training workshops on the Water Framework Directive in Vienna (2011), Croatia (2013) and Poland (2013) as well as the provision of advice on the WFD compliance of major projects in Poland and Latvia (2014).

Since 2008, Jan has attended relevant EU level meetings of the Marine Strategy Framework Directive(MSFD) including the Marine Strategic Coordination Group. She participated in the informal drafting group on exceptions, both on behalf of PIANC and the wider European navigation sector. She also provides feedback on MSFD implementation to the Ports of Hamburg and Rotterdam.

Jan was a member of the Birds and Habitats Directives’Expert Group on Estuaries and Coastal Zones from 2007 to the conclusion of its work in 2010. The work of this Expert Group culminated, in 2011, with the publication of the European Commission’s guidelines on the implementation of the birds and habitats directives in estuaries and coastal zones, with particular attention to port development and dredging. These guidelines are available at: http://ec.europa.eu/transport/modes/maritime/doc/guidance_doc.pdf.

From its inception in 2011 to the conclusion of its work in 2013, Jan participated as an expert in the EU Working Group on No Net Loss of Ecosystems and their Services. The objective of the Working Group was to support the European Commission in its preparation of a ‘No Net Loss’ initiative, contributing to the overall objective of the EU Biodiversity Strategy to halt biodiversity and ecosystem service loss by 2020. In this role, Jan represented the interests of both PIANC (as an international organisation) and the UK Institution of Civil Engineers.

In the UK

Jan has been responsible for or involved in many projects and initiatives undertaken for UK government departments and agencies including the Department for Environment, Food and Rural Affairs (Defra), the Environment Agency (the WFD competent authority in England) and Natural England (advisors to Government on the Natural Environment). For example:

• in 2014 and again in 2016, developing and delivering training courses on ‘marine environmental legislation’for Natural England and preparing an associated series of factsheets
• developing the ‘fast track’ licensing approach under the Marine and Coastal Access Act for the Marine Management Organisation (2012 - 2013)
• since 2009, WFD expert on team responsible for preparation and updating (in 2012) of the marine dredging WFD compliance guidance ‘Clearing the waters’ for the Environment Agency; running associated training workshops; and providing ongoing advice
• scoping study on implications of WFD Article 4(7) for new modifications for Defra; retrospective review of around 1000 projects receiving marine consents to establish their compliance with WFD Article 4(7) for Environment Agency (both these projects were undertaken in 2009)

New port, harbour and recreational boating developments in the UK must be demonstrated to be compliant with relevant EU Directives including the Water Framework, Birds and Habitats Directives. To this end, Jan has carried out numerous WFD compliance assessments and several Habitats Regulations Assessments, including:

• project-level WFD compliance assessments for, amongst others: maintenance dredging activities on the Thames, Medway and Mersey estuaries, in Morecambe Bay, and in Lincolnshire; for capital dredging projects in Kent, and at Heysham; for modified maintenance dredging practices at Brighton marina; and for a proposed new outfall in Kent
• expert advisor on WFD compliance assessments for major projects including the proposed Boston Barrier (2010 – 2012); and the dredging and reclamation aspects of a new renewable energy park on the Humber (2011)
• preparation or provision of expert advice on appropriate assessments under the Habitats Regulations for various capital or maintenance dredging activities in the North West of England.

In some cases, port and harbour authorities may also need to demonstrate that their ongoing operations and activities comply with relevant environmental legislation. To this end, Jan prepares regular written updates on developments in UK marine environmental legislation and practice for Peel Ports Group. She also continues to advise Peel’s ports along with several other port, harbour and navigation authorities on environmental compliance procedures in relation to the legislation and regulations mentioned above, and on marine planning matters. Specific examples of her work in relation to ongoing operations and activities include:

• participation in the UK marine planning process on behalf of Peel Ports, as a Member of the Clyde Marine Planning Partnership and as an active contributor to the North West and South East English marine plans (2016-date)
• preparation of strategic level WFD compliance assessment for maintenance dredging activities in the Medway and Swale transitional water bodies (2011 – 2013)
• provision of expert advice on the development of strategic level maintenance dredge ‘protocol’ documents for the Ports of Sheerness, Liverpool and Heysham (2009 to date).

Jan also provides advice to other many organisations, for example:

• Gloucester Harbour Trustees: development and updating of procedures for delivering environmental compliance in marine licensing and associated advice (2002 – date)
• Port of London Authority, overview of developments in marine environmental legislation (2008 - 2011)
• Bristol Port Company: expert advice EU Habitats Directive and EIA for container port development (2008 – 2009)
• Premier marinas: dredging of Brighton Marina

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