Legislation or Programme | Requirements/implications | Compatibility with location / relocation programme |
|---|
Strategic Framework for Scottish Aquaculture | Requirement of Scottish Ministers to work toward a sustainable aquaculture industry in Scotland | The relocation programme arose directly from the Strategic Framework |
Locational Guidelines for the Authorisation of Marine Fish Farms in Scottish Waters-non-statutory | Establish criteria for location of fish farms - primarily in relation to water quality but also biodiversity | Locational guidelines will be taken into account in selection of sites for relocation |
Control of Pollution Act (1974) | Protection of the water environment
Biodiversity- waste and chemical use
Fauna & flora
Water quality | Any relocation will be subject to SEPA consent procedures - either through uptake of existing unused consent, or application for new consent. |
Water Framework Directive (200/60/EEC) | EU Directive and national implementing legislation Water Environment and Water Services (Scotland) 2003. Requirement for River Basin Planning and Management | Effective relocation should contribute to good ecological status. Opportunity for RBMAGs to take a strategic interest in and influence farm location. |
Coast Protection Act (1949) - Marine works | Navigation-structures in coastal areas | Navigation is an assessment criterion within the programme |
Health and Safety a Work Act (1974) | Health and Safety at Work Act 1974 | May be health and safety implications of moving to more exposed open water sites. Considered in assessment criteria. |
EC Shellfish Harvesting Directive (79/923/EEC) and EC Shellfish Hygiene Directive (1991) | Scotland 1997 Regulations and SEPA pollution reduction programmes Protect and improve designated shellfish waters. The Directive sets physical, chemical and microbiological water quality requirements that designated shellfish waters must either comply with or endeavour to meet. | Directly related to discharge consents which will not be compromised by the programme |
Local Authority Structure Plans | NPPG 13 Coastal Planning; NPPG 14 Natural Heritage | Included in the site assessment criteria |
Local authority aquaculture framework plans | LA driven initiatives to promote more strategic aquaculture development and management | Local authorities will have major input to relocation assessment which should then integrate directly with local framework initiatives |
UK Government and Scottish Executive Sustainable Development Framework and Strategies | "Securing the future"; "One future different paths"; "Partnership for a better Scotland"; "Meeting the Needs…" A set of guiding principles and specific indicators for sustainable development | The relocation programme is specifically designed to further sustainable development in the aquaculture industry, and the assessment criteria for relocation are broadly in line with sustainability criteria. |
EUICZM (2002) recommendation and Scottish Coastal Strategy | Themes/objectives: integration, spatial planning and decision-making, leadership, value and resources, working with dynamic processes, and stakeholder participation. | The programme represents an opportunity to promote ICZM through a site optimisation process taking full account of other interests/users |
Strategy for the long term sustainability of Scotland's coasts and seas 2005 | Objectives, outputs and outcomes. Marine Park initiatives. Spatial planning initiatives. | Contributes toward testing spatial planning approaches |
Scotland Sustainable Marine Environment Initiative | Pilot projects to develop and refine procedures for more integrated planning and management of the marine environment, including marine spatial planning | Where present, these initiatives could offer a more strategic context for relocation, and a more thorough assessment of the desirability of relocation against a broader set of criteria |
Area Management Agreements | Voluntary agreements (farmers, stakeholders) for farms with overlapping tidal excursions to coordinate and improve management of fish farms primarily to minimise disease | Contribution to more effective AMGs will be a criterion for support for relocation and in some cases will be the initiating factor |
Natura Sites:EC Directive on the conservation of wild birds (79/409/EEC); EC Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora Natural Habitats &c. Regulations 1994 | Designation and protection of SACs & SPAs, including restriction of offsite activities which may compromise integrity of the designated area | Proximity to and possible effects on SACs will be a key assessment criterion |
SSSIs: Nature Conservation (Scotland) Act 2004 | Biodiversity waste and chemical use Fauna & flora | Need to consent for farming activities within SSSI |
Ramsar Sites? | | |
UK Biodiversity Action Plan Habitats and Species | UK Government implementation of the Convention on Biological Diversity. Includes both national level species plans and local biodiversity action plans | Relocation projects will be assessed against biodiversity criteria at both local and national level |
Scottish Biodiversity Strategy and Marine Implementation Plan | Scottish Executive Strategy supported by agency/stakeholder agreed action plans, taking account of species and ecosystem impacts | Relocation projects will be assessed against biodiversity criteria at both local and national level |
Scottish Biodiversity List | Species of principal importance for biodiversity conservation drawn up by Scottish Ministers | Relocation projects will be assessed against biodiversity criteria at both local and national level |
Policy on the Historic Environment | The Ancient Monuments and Archaeological Areas Act 1979 | Cultural heritage will be assessed in project level EIA |
The Planning Listed Buildings and Conservation Areas))(Scotland) Act 1997 | Cultural heritage will be assessed in project level EIA |
The Protection of Wrecks Act 1973 | Cultural heritage will be assessed in project level EIA |