Resource information
This Act creates a new legislative and management framework for the marine environment in Scotland. It, among other things: establishes a new system of marine planning to take into account marine environment protection and management matters, creates a system of licensing of marine activities and defines 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 to Scottish marine enforcement officers to ensure compliance with the new licensing and conservation regime. The Act makes amendments to sea fisheries legislation.The Act defines the Scottish marine area, which is essentially Scotland’s territorial seas, and defines the sea at high water spring tide. A simplified licensing system, including requirements of Part II of the Food and Environment Protection Act 1985 and Part II of the Coast Protection Act 1949, is put in place. The Scottish Ministers will have general responsibility for the new regime for the licensing of marine activities. The Act allows the Scottish Ministers, by Regulations, to permit licensable marine activities which fall below a specified threshold of environmental impact to be registered rather than licensed. The Act furthermore, among other things, creates powers to establish marine protected areas and management tools and prohibits the killing or taking of seals except under specific licence.The Town and Country Planning (Scotland) Act 1997 is amended so as to grant powers to Scottish Ministers to provide, by Order, that marine fish farming is not “development”.
Implemented by: Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010 (S.I. No. 2870 of 2010). (2010-12-01)
Implemented by: Marine (Scotland) Act 2010 (Commencement No. 3 and Consequential Provisions) Order 2013 (S.S.I. No. 276 (C. 22) of 2013). (2013-09-18)
Implemented by: South Arran Marine Conservation Order 2014 (S.S.I. No. 260 of 2014). (2014-09-30)
Implemented by: South Arran Nature Conservation Marine Protected Area Order 2014 (S.M.O. of 2014). (2014-07-23)
Implemented by: Wester Ross Marine Conservation Order 2015 (S.S.I. No. 302 of 2015). (2015-08-17)
Implemented by: Marine (Scotland) Act 2010 (Transitional and Consequential Provisions) Order 2011 (S.S.I. No. 202 of 2011). (2011-03-10)
Implemented by: Marine Licensing (Consultees) (Scotland) Order 2011 (S.S.I. No. 79 of 2011). (2011-02-10)
Implemented by: Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 (S.S.I. No. 286 of 2013). (2013-10-08)
Implemented by: Marine Licensing (Fees) (Scotland) Regulations 2011 (S.S.I. No. 78 of 2011). (2011-02-10)
Implemented by: Marine Licensing (Register of Licensing Information) (Scotland) Regulations 2011 (S.S.I. No. 80 of 2011). (2011-02-10)
Implements: Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (1992-05-21)
Amended by: Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 (S.S.I. No. 215 of 2012). (2012-06-28)
Amended by: Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 1013 of 2017). (2017-10-30)
Amended by: Aquaculture and Fisheries (Scotland) Act 2013 (Asp 7 of 2013). (2013-06-18)
Amends: Wildlife and Countryside Act 1981 (Chapter 69). (1981-10-30)
Amends: Territorial Sea Act 1987 (Chapter 49). (1987-05-15)
Amends: Water Industry (Scotland) Act 2002. (2002-03-01)
Amends: Sea Fisheries Act 1968 (1968, Chapter 77). (1968-12-18)
Amends: Fisheries Act 1981 (Chapter 29). (1981-07-02)
Amends: Sea Fish (Conservation) Act 1992 (Chapter 60). (1992-12-17)
