Biggart Baillie Solicitors

Marine (Scotland) Act 2010

Monday, August 02, 2010

by Neil Amner

The Marine (Scotland) Bill received Royal Assent on 10 March 2010.  The current version of the Marine (Scotland) Act 2010 (“the Act”) can be viewed by clicking here.

The main measures introduced by Act 2010 include:

Marine Planning – a new statutory marine planning system to sustainably manage the increasing demands on the sea;

Marine Licensing – a streamlined and simplified licensing system, minimising the number of licences required for development in the marine environment with the intention of speeding up the decision making process for such development;

Marine Conservation – improved marine nature and historic conservation. New powers to protect and manage areas of importance such as marine wildlife, habitats and historic monuments through designation of three types of Marine Protected Area (MPA) – Historic MPA, Nature Conservation MPA and Research and Development MPA;

Improved Seal conservation – improved protection for seals prohibiting the killing or taking of seals except under a licence. A new licence system has also been introduced; and

Improved Enforcement – a range of enhanced powers of marine conservation and licensing for which Marine Scotland will largely be responsible.

The Marine (Scotland) Act 2010 (Commencement No. 1) Order 2010 was made on 9 June 2010 lays down three dates for the implementation of various parts of the 2010 Act. 

Some of the provisions came into force on the date the Act received Royal Assent (10 March 2010). The provisions in respect of general duties (Part 2), marine planning (Part 3), marine protection and enhancement (Part 5), common enforcement powers (Part 7) and general provisions (Part  9) came into force on 1 July 2010.  Part 6 of the Act which deals with the conservation of seals will come into force on 1 September 2010 and the remaining provisions of Part 6 come into force on 31 January 2011.   Currently no commencement date has been set for Part 4 of the Act (Marine Licensing). 

Linked to this, is the recent publication by the Scottish Government of a consultation on the Draft Plan for Offshore Wind Energy in Scottish Territorial Waters.

In 2009, The Crown Estate identified 10 areas where it was prepared to grant commercial leases for offshore wind energy developments. When these areas were announced, the Scottish Government committed to undertaking Strategic Environmental Assessment (SEA) of Offshore Wind Energy in Scottish Territorial Waters.

The consultation sets out proposals for the Plan which has been fundamentally shaped by the SEA and encompasses the 10 area identified by the Crown Estates, but also extends to cover all other areas of Scottish Territorial Waters (i.e. between 0-12 nautical miles offshore).

It seeks views on the suitability of the options proposed to accommodate the offshore developments, providing an opportunity to give strategic consideration to mitigation measures which could be applied to ensure that the plan avoids major adverse impacts in the short, medium and long term.

The consultation closes on 16 August 2010.

The consultation can be viewed via clicking here.

Should you have any queries on the Act or the current consultation, please contact Neil Amner, Partner, on namner@biggartbailile.co.uk or on 0141 228 8001.