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7. THE DEVOLUTION CONTEXT
Snapshot
7.1 The devolved/reserved mix is complex in the coastal
and marine environment. Scotland has full competence for
nature conservation out to 12nm and, within the framework
of the
CFP, for fisheries management out to
200nm. With the exception of oil and gas and shipping
related deposits, we also have full competence for
licensing deposits in the sea beyond 12nm. Defence related
activity is fully reserved. Shipping and oil and gas issues
are largely reserved, although we have executive devolution
for renewable energy consents (currently out to 12nm but to
be extended beyond that by the Energy Act 2004); and, with
the exception of oil and gas related development,
legislative competence for navigational safety under
section 34 of the Coast Protection Act 1949.
Scope of the Strategy
7.2 Under the current devolution settlement the scope of
the Scottish marine and coastal strategy is therefore
largely limited to the extent of the Scottish sector of
UK territorial waters, but will reach
beyond that in respect of those matters for which Scotland
has devolved powers outside 12nm.
New Legislation
7.3 The
UK Government has announced its
intention to produce a draft Marine Bill for public
consultation during the current session of the
UK Parliament. Although Scottish
Ministers have not yet committed to new Scottish
legislation that option remains under active consideration
as both
UK and Scottish policy on a range of
marine and coastal related issues develops further.
Scottish Ministers expect discussion in the stakeholder
group (paragraph 6.3 above) to determine what legislative
changes might be needed to give effect to Scotland's marine
and coastal strategy.
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