Scotland’s Marine Act Consultation – A Summary
Monday, July 28, 2008
by
Martin Sales
The Scottish Government's Marine Act Consultation closed on 06 October 2008. A summary of Consultation responses is due to be published by the Scottish Government later this year. The Marine Act is expected to be published in Spring 2009.
On 19 June 2007, Cabinet Secretary for Rural Affairs and the Environment, Richard Lochhead MSP, said “I am currently considering the findings of two reports which will help shape the content of a new Marine Act for Scotland. There are dozens of pieces of legislation from three different parliaments that regulate Scotland's waters, which makes the area overly cluttered. I hope to announce plans for a new, single piece of streamlined legislation to protect marine and coastal environments soon. The case for integrated legislation for Scotland's marine environment has been made. It's time to rise to the challenge of managing our seas in a manner fit for the 21st Century, for the benefit of Scotland's people, Scotland's communities, and for Scotland's generations to come."
On 15 July 2008, the next stage in the process towards a Marine Act was reached when the Scottish Government began its Consultation process. The following summary of the Consultation is intended to help you understand the main proposals and the issues they may give rise to. Although the final form of the Act is yet to be determined, it is reasonable to expect the present patchwork of legislation to be significantly amended and streamlined. The proposals contained within the Consultation document are also representative of the Scottish Government’s desire to increase the powers devolved to it and to significantly extend the geographical extent of those powers in the case of the marine environment from 12 nautical miles to 200 nautical miles from existing boundaries (presently a mixture of the highest and lowest levels of spring tides).
Please click here for a list of the Consultation questions.
Given the proximity of much of Scotland’s population to coastal and marine areas as well as the significant economic and other activity carried on there, the provisions of the Marine Act are likely to have widespread effects, both direct or indirect.
Should you have any queries on the Marine Act Consultation, including any assistance required in framing a Consultation response, or if you have a query relating to the current regime, please contact Martin Sales for an initial discussion and indication of whether fuller advice might be appropriate on (0131 226 5541 or msales@biggartbaillie.co.uk ).
Click here for our fuller analysis of the Consultation
The information contained in this article is given for general information only, reflects the current law on the date of this article, and does not constitute legal advice on any specific matter