The Act
3.The Act creates a new legislative and management framework for the marine environment. The Act creates a new system of marine planning to manage the competing demands of the use of the sea whilst protecting the marine environment, creates a system of licensing with the aim of reducing the regulatory burden for key sectors, and includes powers to establish marine protected areas to protect natural and cultural marine features. The Act also introduces a new regime for the conservation of seals and gives powers for Scottish marine enforcement officers to ensure compliance with the new licensing and conservation measures.
4.The Act is divided into nine Parts.
Part 1 defines the Scottish marine area, which is essentially Scotland’s territorial seas from 0 to 12 nautical miles. Part 1 also defines the sea which includes any area submerged at mean high water spring tide and the waters of every estuary, river or channel, so far as the tide flows at mean high water spring tide.
Part 2 places a general duty on the Scottish Ministers and public authorities to carry out their functions in the way best calculated to further the achievement of sustainable development including the protection and, where appropriate, enhancement of the health of that area in the exercise. They must also act in the way best calculated to mitigate, and adapt to, climate change.
Part 3 creates the statutory framework for marine planning which will allow the Scottish Ministers to ensure that the resource needs for marine space of different sectors are properly taken into account and managed. International responsibilities and national objectives will be met by the national marine plan while local interests will be met by regional planning within Scottish marine regions.
Part 4 makes changes to the current licensing system to deliver a simplified licensing system. The requirements of Part II of the Food and Environment Protection Act 1985 and Part II of the Coast Protection Act 1949 will be consolidated to create a single licence. The Scottish Ministers will have general responsibility for the new marine licensing regime. The Act also provides for the enforcement of the new licensing regime.
Part 5 creates powers to establish marine protected areas and management tools that deliver practical nature conservation to safeguard and protect Scotland’s marine natural assets as well as marine historic assets of national importance. This is to be achieved through a single power to designate a marine protected area, either for the purposes of nature conservation, research and demonstration or historic site protection, with closely tailored arrangements for each.
Part 6 prohibits the killing or taking of seals except under specific licence. The licence process allows for protection of fisheries and aquaculture sectors within the context of general seal conservation.
Part 7 creates common enforcement powers that will allow Scottish Ministers to monitor activity in the marine environment and take appropriate measures to ensure compliance.
Part 8 provides for modifications to the Sea Fish (Conservation) Act 1967.
Part 9 includes general provisions concerning matters such as Crown application, offences by bodies corporate, ancillary provision, and orders and regulations.