A marine act: Implications for Scotland

Journal of Water Law

Volumn 18, Issue 1, 2007, Pages 5-13

  Slater, Anne Michelle ^a  

^a UNIVERSITY OF ABERDEEN   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

COASTAL ZONE MANAGEMENT; CONSERVATION PLANNING; ENVIRONMENTAL LEGISLATION; ENVIRONMENTAL PLANNING; GOVERNANCE APPROACH; MARINE ENVIRONMENT; MARINE POLICY;

EURASIA; EUROPE; SCOTLAND; UNITED KINGDOM; WESTERN EUROPE;

EID: 34547396988     PISSN: 14785277     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (87)

1. Except in relation to fishing and the Common Fisheries Policy.
2. Defra A Sea Change, A Marine Bill White Paper (Cm 7047 March 2007 The Stationary Office) published by Defra on behalf of the UK government and the devolved administrations.
3. With over 11,000 kilometres of coast it has almost one tenth of Europe's coastline.
4. Scottish Fishermen's Federation presentation at The Sea, Scotland's Greatest Resource? conference (Aberdeen 17 February 2007).
5. A-M Slater 'Planning for Scottish Aquaculture: The Story Thus Far' (2005) 16 Water Law 4 122-30.
6. In particular Aberdeen Harbour and Forth Ports.
7. For example, Scotland has already met its target to generate 18 per cent of its energy from renewable sources by 2010 and the Scottish Executive granted shares of a £13m marine energy fund to nine Scottish wave and tidal projects in February 2007.
8. Protection under the EU Birds and Habitats Directives includes 49 special protection areas and 31 special areas of conservation.
9. Marine tourism and related economic activity is estimated to provide 2500 jobs and £57m revenue.
10. Written evidence submitted by Scottish Natural Heritage to the Environment and Rural Development Committee, Marine Environment Inquiry (9 January 2007).
11. Defra A Marine Bill, A Consultation Document (March 2006).
12. Defra A Marine Bill, A Consultation Document, Summary of Responses (September 2006).
13. A Sea Change (n 2).
14. Scotland Act 1998 ss 28-30 and sched 5 and include: defence, foreign affairs, immigration, nationality, social security policy and central economic and fiscal responsibility, the constitution of the UK, common markets for UK goods and services, employment legislation, regulation of certain professions, transport safety and regulation.
15. Aquaculture has been included in the planning regime under the Planning etc (Scotland) Act 2006 since 1 April 2007.
16. The Scotland Act 1998 established the Scottish Parliament with 129 members elected by the form of proportional representation known as the additional member system. This combines the relative majority system ('first past the post') for individual single member constituencies with an additional element which tops up the political parties' representation from registered parties' lists by allocating regional seats on the basis of a second vote cast not for an individual, but for a political party.
17. The subsequent legislative programme was therefore based on a Partnership Agreement, negotiated as part of the coalition arrangements, immediately after the election result.
18. The First Minister is elected by the Scottish Parliament. The first one was Donald Dewar, who was appointed Secretary of State for Scotland when Labour came to power in May 1997 and oversaw the referendum and the passage of the Scotland Act. He became First Minister in July 1999 but died in 2000. Subsequent First Ministers have been Henry McLeish (October 2000-February 2002) and Jack McConnell (February 2002-March 2007), both Scottish Labour.
19. Ross Finnie, Liberal Democrat MSP was the longest serving minister in the Executive and oversaw The Land Reform (Scotland) Act 2003 and the National Parks (Scotland) Act 2000.
20. The Sea, Scotland's Greatest Resource? (n 4) (17 February 2007).
21. For example OSPAR, Convention for the Protection of the Marine Environment of the North East Atlantic.
22. Since the inception of the Parliament, renewable energy zones have extended Scotland's powers to a 200 mile limit, in relation to development of renewable energy.
23. A Marine Bill (n 11) para 5.5 p 15.
24. Defra Safeguarding Our Seas (2002).
25. Scottish Executive Seas The Opportunity: A Strategy for the Long Term Sustainability of Scotland's Coasts and Seas (2005).
26. Final Report from Scottish Environment Minister's Advisory Group on Marine and Coastal Strategy (AGMACS) (12 March 2007) www.scotland.gov.uk/ publications.
27. A Marine Bill (n 11).
28. A Marine Bill, Summary of Responses (n 12).
29. A Sea Change (n 2).
30. Scottish Parliament Marine Environment Inquiry Report (published 12 March 2007) The inquiry reported to the Scottish Parliament. 2007. http://www.scottish.parliament.uk/business/committee/environment/ index.htm.
31. AGMACS report (n 26).
32. It was instigated because, although some work has been undertaken on specific marine related sectors, there has been no specific consideration of the marine environment by the Parliament as a whole. The committee took oral evidence on 9, 17 and 24 January 2007. It also considered written evidence, received briefings from SPICe and was referred two petitions.
33. What are the varied and often competing demands; where are the key pressure points and challenge and do any have a particularly Scottish perspective?
34. What good practice is developing from existing coordinating and management initiatives eg marine spatial planning pilots, the coastal forum network?
35. What do existing initiatives show about how legislation and organisational structures etc need to change and what is the best way to create an overarching framework of effective management of the marine environment?
36. The Scottish Parliament 4th Report 2007 (Session 2) Report on Inquiry into the Marine Environment, Environment and Rural Development Committee Report, SP Paper 774 paras 49-61 and paras 126-34.
37. ibid paras 78-125.
38. A Sea Change (n 2).
39. ibid p 2.
40. A Sea Change (n 2) p 2.
41. The minister also chaired the group, which was convened in November 2005 and included representatives of national industry bodies, national stakeholders' bodies, environmental NGOs, relevant regulatory agencies and individual experts. It met six times over the period November 2005 to February 2007. The AGMACS terms of reference, including objectives and role of the group, were agreed at the first meeting.
42. AGMACS report (n 26).
43. Scottish Fishermen's Federation, Official Report (n 36) (9 January 2007) col 3855.
44. Some witnesses suggest that the complexity in itself is not so much of a problem, but it is more important that the different bureaucracies can be made to ensure that their separate activities work towards delivering common agreed objectives for management of the marine environment
45. As a result of the Scottish parliamentary elections held on 3 May 2007, the Minister for Environment and Rural Affairs is now Richard Lockhart, MSP.
46. Scottish Parliament 4th Report (n 36) para 60.
47. ibid para 61.
48. A Sea Change (n 2) p 125-51 paras 8.1-8.162.
49. A Marine Bill (n 11).
50. This was primarily because of dependence on developments in other policy workstreams.
51. A Marine Bill Summary of Responses (n 12) s 7.
52. A Sea Change (n 2) p 125-51 paras 8.1-8.162.
53. Beyond the 12nm limit and therefore only the responsibility of Scottish ministers in relation to fishing and renewable energy areas.
54. AGMACS report (n 26).
55. ibid 4.6.1 p 12.
56. ibid para 5.2.5.
57. To the 12nm limit of territorial waters.
58. AGMACS report (n 26) para 5.2.5.
59. ibid para 4.6.1.
60. The partnerships were implementing integrated coastal zone management in Scotland.
61. AGMACS report (n 26).
62. SPICe Briefing 06/111 Marine Spatial Planning.
63. Scottish Coastal Forum (SCF) established to advise Scottish ministers about coastal issues and to coordinate and facilitate ICZM in Scotland.
64. Scottish Coastal Forum, Official Report (n 36) (24 January 2007) col 3922.
65. The professional body representing chartered planners in Scotland.
66. Written submission by RTPI in Scotland.
67. Written submission from Ross Finnie, Minister for Environment and Rural Affairs (July 1999-March 2007).
68. AGMACS report (n 26).
69. These include partnerships formed following SNH's focus on Firths Initiative, local authority initiatives; the Scottish Sustainable Marine Environment Initiative (SSMEI) established by the Scottish Executive in 2002 and the Defra-commissioned Irish Sea project. Some witnesses suggest that lessons learned through these initiatives may help many of the conceptual and practical issues of marine spatial planning become clearer, but as many of these initiatives have only just entered the final implementation stage, these lessons are not yet far enough developed.
70. Scottish Parliament 4th Report (n 36) fn 82.
71. ibid para 94.
72. A Sea Change (n 2).
73. A Marine Bill (n 11).
74. A Marine Bill Summary of Responses (n 12).
75. A Sea Change (n 2).
76. ibid 4.68.
77. ibid 4.109, 4.110.
78. Graham U'ren, Policy Director for the Royal Town Planning Institute in Scotland 1997-May 2007, led the MSP workstream. He was well placed to do this as the RTPI in Scotland and RSPB(S) commissioned research in 2003 into the case for MSP in Scotland. The RTPI had also formed a UK-wide planning task group to inform policy development on a UK-wide basis.
79. For example river basin management planning, ICZM.
80. For example local authorities, SEPA.
81. For example EU Marine Strategy Directive.
82. A Strategic Plan for Scotland (2004) by Scottish ministers; NPF2 expected 2008.
83. A Marine Bill (n 11).
84. To the 12nm limit of territorial waters.
85. Scottish Parliament 4th Report (n 36) para 5.
86. 2007-2011.
87. Safeguarding Our Seas (n 24).