[BBC News] Concern over sea dredging licence

[Skeddan]

It's worth taking note of this statement:

no opinions have yet been formed as to whether extraction of marine aggregates at a production level within Manx waters would be practicable or desirable (or, indeed, precisely what procedures might be followed in order to permit such an operation)

That seems sound enough to me. Though it might not be that obvious, the question over ownership of marine aggregates and exploitation rights of these is not clear cut. Boring as it may be to some, that issue hinges on the constitutional and legal relationship between IoM and the UK. This is 'unsettled'. Depending on the answer to that question it might be that IoMG and UK has only usufructuary rights i.e.:

 

"right of temporary possession and enjoyment of something that belongs to somebody else, so far as that can be done without causing damage or changing its substance."

 

This would give right to exploit renewable resources (e.g. fishing), but not to exploit non-renewable resources such as marine aggregates.

 

Granting licenses for non-intrusive prospecting is of course fine. However as this statement says, no opinions have yet been formed as to the basis upon which such an operation at production levels might be permitted.

 

Yes IoM is a 'Crown possession', and yes IoMG is Her Majesty's Government in the Isle of Man. However that by itself does not mean that the Crown has legal title and ownership of IoM, as against holding it in trust or as an 'Administering Power' or the like. Opinions of historians aside, in legal terms the right to actually grant such production level licenses is far from clear-cut.