The Marine (Scotland) Act introduces new powers relating to
functions and activities in the Scottish marine area, including
provisions concerning marine plans, licensing of marine activities,
the protection of the area and its wildlife including seals, and
regulation of sea fisheries.
The Marine (Scotland) Act, which applies to Scottish territorial
waters only, comprises 6 key elements:
1 – The formation of Marine
Scotland – to operate as the competent marine management
authority on behalf of Scottish Government, bringing together the
functions of Scottish Government’s Marine Directorate, Fisheries
Research Services (FRS) and the Scottish Fisheries Protection
Agency (SFPA). Marine Scotland will deliver integrated marine
management functions relating to marine science and data, planning,
policy development and delivery, compliance, monitoring and
enforcement, whether fully or executively devolved to Scottish
Ministers out to 200 nautical miles. A Marine Strategy Board, led
by Marine Scotland and involving key partners with marine
management interests, will be established to deliver a consistent,
unified and focussed approach to marine and coastal management.
Marine Scotland will work closely with the UK Marine Management
Organisation established under the UK Marine and Coastal Access Act 2009 and
relevant public bodies in Wales and Northern Ireland, particularly
in relation to cross-boarder issues.
2 – A Strategic Marine Planning System – aimed
at balancing the competing demands for use of the seas whilst
protecting the marine environment. Scottish Ministers working with
other UK administrations will prepare an overarching Marine Policy
Statement to agree and clarify our marine objectives and priorities
for the future and to steer sea users and decision-makers towards
more efficient, sustainable use and protection of the marine
environment. A National Marine Plan and subsequent Regional Marine
Plans will follow, which implement the principles underpinning the
Marine Policy Statement, utilising information on spatial use,
conflicts, significant pressures from human activities and
regionally-specific needs. Plans will consider social, economic and
environmental aspects of development.
Marine planning in Scotland will be delivered by Marine
Scotland, however the Marine (Scotland) Act enables Scottish
Ministers to delegate regional planning to a lead organisation of a
Scottish marine region such as a local authority, or, where
appropriate, a sea user nominated group. These will be known as
Marine Planning Partnerships. Plans will come into effect once
approved and published by Scottish Ministers. Progress reports will
be published at least every 5 years to measure progress towards the
objectives for which the plans have been made. Plans can be amended
where necessary to reflect changing circumstances but only Scottish
Ministers can withdraw a plan.
3 – A Streamlined Marine Licensing System – to
improve and speed up the decision-making process for developments
in the marine environment. The license application procedure will
be simplified for operators and will involve the issue of a single
license for all marine activities. Consideration will be made to
the protection of the marine environment, the protection of human
health, and the need to prevent interference with legitimate uses
of the sea when issuing a license. The Marine (Scotland) Act will
supersede the two existing Acts which set the framework for the
current marine licensing system in Scotland – one concerning safe
navigation and one concerning marine infrastructural development.
Marine Scotland is the licensing authority for most activities in
the Scottish marine region out to 200nm.
4 – Improved Marine Nature Conservation
Measures – enabling Scottish Ministers to designate three
types of Marine Protected Area (MPA) across Scottish territorial
waters: Nature Conservation MPAs – for the conservation of
Scotland’s most important marine biodiversity and geodiversity
features; Historic MPAs – for the protection of historically
important marine sites such as wrecks or national monuments; and
Research/Demonstration MPAs – to demonstrate or research new
methods of managing Scotland’s marine environment. Scottish
Ministers also have devolved responsibility under the UK Marine and
Coastal Access Act 2009 for the designation of MPAs for the
conservation of important marine biodiversity and geodiversity out
to 200 nautical miles. JNCC are responsible for advising on the
site selection process for MPAs in Scottish offshore waters. New MPA
powers will put Scotland in a better position to contribute to the
UK’s European and International marine conservation commitments,
such as those laid out under the Marine Strategy Framework Directive, the
OSPAR Convention
and the Convention on Biological Diversity.
5 – Improved Measures for the Protection of
Seals – for which Scotland is a stronghold. A new
comprehensive, streamlined and less complex licensing system will
be introduced to allow appropriate management to be delivered where
necessary and improve the balance between seal conservation and
seal management concerning the fishing and aquaculture sectors.
This will include monitoring of population impacts and improved
welfare.
6 – Improved Enforcement Measures – through the
introduction of a wide range of tools including advice, statutory
notices and monetary penalties through to prosecution. The changes
will ensure that all offences be addressed in a proportionate,
flexible way and make operators responsible for any damage they
cause. Marine Scotland will be responsible for delivering all
enforcement measures with the former Scottish Fisheries Protection
Agency representing the core compliance arm of Marine Scotland.
For more information visit the Scottish
Government website