Listen
Ship to ship oil transfer in Forth estuary
24/05/2007
The new Scottish Government today announced a firm commitment to change environmental legislation regarding proposals for ship-to-ship oil transfers in areas close to environmentally-protected sites such as the Firth of Forth.
Immediate actions will include a meeting with Fort Ports Plc, approaches to the UK Government and an acceleration of the review into current legislation.
In his first statement to Parliament, Rural Affairs and Environment Secretary Richard Lochhead said:
"It is fitting my first statement was on the important issue of ship to ship oil transfers on the Forth. This demonstrates the very high priority this Scottish Government attaches to the environment, and in particular this complex and important issue.
"In my first days in office, I am announcing a clear commitment to legislate to ensure Scottish Ministers have an opportunity to consider the merits of such proposals and ensure the proposal is compliant with the relevant environmental legislation. I am pleased to note today that there is wide spread cross-party support in Parliament for this approach, along with high public interest, and look forward to working to build consensus on this important issue.
"I believe there is a strong case for new ship to ship transfers to be avoided in areas in close proximity to areas designated as environmentally sensitive, such as the Firth of Forth. There is also a strong case to ensure decisions on whether the proposal would damage environmentally sensitive areas by a democratically accountable body.
"I welcome the Green Party's proposal for legislative change and will consider this option along with other options available to us. No option is being ruled in or ruled out at this stage - there is no one solution.
"I recognise there are limits to the powers of Scottish Ministers on this complex issue. My concern is to ensure elected Ministers have an appropriate locus in relation to decisions of such public importance as this.
"The review into current legislation initiated by the previous administration was a good first step forward, but we need take this further. We believe Ministers must be satisfied that the current proposal presents no danger whatsoever to Scotland's environment.
"I intend to make representations to the UK Government to discuss its options for addressing public concerns within their area of responsibility. I will be meeting with Forth Ports as a matter of urgency and I have asked that Forth Ports do not take any precipitate action before we have had the opportunity to consider the issue in detail as a matter of urgency."
As well as the Green Party's proposal, the Scottish Government is considering a range of options including possible amendment of Regulation 6 of the Habitats Regulations which defines who is the Competent Authority for purposes of compliance with the directive, possible amendment of Part 4 of the Habitats Regulations and possible extension of nature conservation order powers.
Fort Ports Plc is the Competent Authority under the EC Habitats Directive responsible for the Appropriate Assessment necessary to consider potential impacts on protected species and habitats found in and around the Firth of Forth.
The Firth of Forth and Forth Islands have been classified as Special Protection Areas under the EC Birds Directive because of their international importance for breeding and wintering seabirds, and the Isle of May has been designated as a Special Area of Conservation because of its grey seal colony.
Scottish Natural Heritage (SNH) has been involved, in its role as the Ministers' natural heritage adviser, in commenting and providing advice at various stages in consideration of the proposal.