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Annex 4 - Conflict Resolution and ICZM Report
AGMACS (06)18
Advisory Group on Marine and Coastal Strategy
Dispute Settlement and ICZM
Paper by Scottish Coastal Forum
1.0 Background
1.1 The Advisory Group on Marine and Coastal Strategy ( AGMACS) has asked the Scottish Coastal Forum ( SCF) to examine the role that ICZM can play in dispute settlement. To do this, SCF set up a working group to prepare a paper which describes the concept of ICZM, how it has developed in Scotland and the way in which it might develop in future, including funding requirements. This paper is attached as an Appendix. 15
1.2 SCF has been specifically asked to:
1. Consider mechanisms to deal with dispute settlement in relation to coastal and marine areas;
2. To consider how disputes between different sectoral interests may be resolved;
3. To examine the work of Local Coastal Partnerships ( LCP) and other groups;
4. Consider what mechanism should be put in place where no LCP exists;
5. Consider what financial measures need to be put in place to support future work; and
6. Examine the relationship between ICZM and Marine Spatial Planning ( MSP) and other related initiatives.
2.0 Dispute Settlement and ICZM
2.1 ICZM has contributed positively to the better management of Scotland's coasts by encouraging the building of consensus between involved parties, which has led to the agreement of priorities and the co-ordination of actions. It is the view of SCF that where disputes arise around the coast of Scotland, three key components must be embodied in the methods employed to deal with them . These are:
a) Conflict Avoidance- clear policy guidance reinforced, where necessary, with a spatial reference will help to direct activities away from sensitive areas. Policies however must be accepted by all the relevant stakeholders. This is where ICZM can assist in the process by creating co-operative/partnership working
b) Decision Making - where disputes arise it is important that decisions are made against a background of accepted policy. Decision making should be consistent, fair and transparent and this is where a marine planning authority would be of value, making decisions based on the plan developed in partnership, potentially through the ICZM partnership.
c) Review and Monitoring - any system must be capable of adjusting to new circumstances by reviewing and revising policies quickly while also ensuring that stakeholders are fully involved.
2.2 SCF believes that ICZM is a potential mechanism for avoiding disputes around the coast of Scotland. ICZM seeks both the protection and sustainable development of the coastline and inshore waters. It is a long-term process that brings together the relevant stakeholders to coordinate management, reduce conflict and work towards common objectives. It should be combined with marine spatial planning to create comprehensive system to avoid and/or resolve disputes. ICZM is based on a set of principles:
a) a broad overall perspective;
b) a long-term perspective;
c) adaptive management;
d) local specificity;
e) working with natural processes and respecting the carrying capacity of ecosystems;
f) involving all relevant stakeholders; and
g) support and involvement of relevant administrative bodies.
3.0 Local Coastal Partnerships
3.1 Following the 'Focus on Firths' initiative, coastal partnerships were established in all the firths and most have now been running for over ten years. More recently, Local Authorities have set up coastal management initiatives in the Northern and Western Isles, and Argyll and Bute. There are very few parts of Scotland's coast and inshore waters that are currently not covered by a coastal initiative of some form.
3.2 Many of the LCP in Scotland see their main purpose as providing a forum for stakeholders to identify and discuss issues of shared concern. They generally facilitate the development and implementation of locally-focussed multi-sectoral strategies to address concerns identified by their stakeholders and take an active role in the delivery of specific coastal projects. Many of these projects are based around community education and awareness-raising initiatives.
3.3 Reviews of LCPs have shown that they continue to receive strong support for the work they have done from stakeholders that have been involved. In particular, they are seen as being successful at bringing together a range of often disparate interests, creating dialogue and producing management plans for their particular areas. They are flexible and able to adapt to consider new issues as they arise. Although LCPs have generally been successful in securing funding to undertake discrete projects, one of the main problems they continue to face is in securing core funds to support project officers and provide them with appropriate administrative and technical support.
4.0 The Policy Context
4.1 Local Coastal Partnerships and existing coastal management mechanisms have developed within the policy context that has been in operation since the early 1990s. In the years since ICZM began to gain prominence, other issues have evolved and the situation today is considerably different from those early years. For example, Devolution has given the Scottish Executive considerable responsibilities over the country's coastline and natural resources as well as the ability to make decisions independent of the UK Government about how these will be managed.
4.2 New initiatives have emerged in Scotland as a result of the Executive's remit, most notably the Scottish Sustainable Marine Environmental Initiative ( SSMEI) and the work to create the UK's first Coastal and Marine National Park ( CMNP). Underpinning all developments in coastal management is a growing awareness of the role that Marine Spatial Planning should play at the national, UK and Regional Seas level, even though there is no firm MSP model in place as yet.
4.3 The Working Group has considered the current situation in detail and put forward the following proposals because they are inherently flexible and can adapt to changing legislation or policies that arise from both EU, UK and Scottish government. The proposals will also allow changing sectoral interests to be taking into consideration on a regular basis and thus implement the principle of adaptive management as stated in the EU Recommendation on ICZM. We have taken a pragmatic approach to delivery of ICZM that can be implemented quickly and cost-effectively.
5.0 The way forward
5.1 SCF proposes that a series of Regional Policy Statements ( RPS) be developed to cover the whole Scottish coast and inshore waters using the principles of ICZM in a consistent manner, allowing for regional geographical differences. RPS will provide a clear vision, supported by a series of policies, to ensure that a balance of development, use and resource protection can be achieved. RPS should link with national and international policies and commitments and provide guidance to support those involved with management at a local level.
5.2 RPS would be prepared based on an assessment of the inherent qualities of particular areas and the activities that already take place or are considered likely to do so in future. In areas that are heavily used, congested or subject to high levels of conflict then more detailed and spatially based policies will be required. As the techniques for MSP develop, the ways of working that have been embodied by ICZM will be important if RPS are to be successfully integrated into areas for which MSP may be developed.
5.3 It is essential that stakeholders are fully involved in the development of RPS to ensure that the policies receive widespread support. The Statements should be prepared in a way that involves all of the relevant sectoral interests as well as the wider community. They must also be based on existing relevant Government policies and take account of the policies being applied in adjoining areas.
5.4 The relationship between ICZM and Marine Spatial Planning is not clear at this stage as the system of MSP being considered for the UK and its devolved nations is still evolving. However, it is likely that MSP will have a statutory foundation, which will bring with it some challenges for integrated coastal management. The production of Regional Policy Statements will support the development of spatial plans through a non-statutory process that can adapt to any planning or management issue not covered by the statutory approach.
5.5 To achieve ICZM through the preparation of RPS there are a number of key steps that SCF considers need to be taken, including:
a) the coast of Scotland should be divided into appropriate sections to ensure there is complete coverage;
b) the landward boundary of the area concerned should be established
c) within each area, an appropriate organisation should be identified that is capable of delivering and updating the RPS within an acceptable timescale;
d) adequate resources should be made available to ensure the delivery of RPS and subsequent implementation; and
e) a central co-ordination and review role needs to be taken on to ensure the quality and consistency of each RPS.
5.6 SCF has examined a number of proposed divisions of the coast of Scotland, all of which have been proposed for a specific purpose. We have come to the conclusion that the existing LCP areas provide a good basis to go forward but these areas need to be augmented to ensure comprehensive coverage. Our recommended division creates eleven ICZM planning units as a basis for the development of the proposed RPS. This is shown on the attached map.
5.7 To ensure that funding is used to best effect, SCF proposes that each lead agency should be required to submit an annual plan setting agreed targets to be rolled forward for three years. Once the annual plan is agreed, each lead agency would receive matched funding up to a maximum contribution of £50,000 to assist in the employment of a Project Officer,. A total of £100,000 is considered sufficient to employ a Project Officer and provide technical and administrative support to prepare a RPS and then to facilitate its implementation. Additional support from partners - both financial and 'in-kind' - will continue to be essential.
5.8 This process has implications for the Scottish Coastal Forum. The existing organisations involved in ICZM in Scotland welcome the suggestion that the SCF should play a more significant role in helping to deliver better co-ordination and effective management.
The Working Group proposes that a revised SCF would :
- Lead national discussion on major issues that inform the activities of ICZM at a local level.
- Oversee the co-ordination of forward planning objectives between sectors at a national level.
- Prepare coastal policy guidance notes at the national level for priority issues.
- Comment on the Regional Policy Statements to ensure that these are Quality Assessed and co-ordinated effectively.
- Co-ordinate an annual meeting of key stakeholders in each local organisation to review progress and inform the Executive of emerging issues.
- Facilitate and support the development and exchange of good practice between local groups as well as promoting international liaison and learning opportunities and development.
- Facilitate the production of a report, renewed over a set period (3-5yrs), that assesses the sustainable use of the coastal resource of Scotland in an integrated manner.
5.9 In short, the SCF would provide advice and recommendations to Scottish Ministers on how to not only meet our EU obligations but ensure Scotland is leading the field in ICZM. As currently resourced, however, the SCF would not be in a position to carry out all of these roles. The additional resources required will depend on the full extent of the role to be played.
5.10 All of these measures would suggest that a total commitment of around £600,000 would achieve a significant improvement to the delivery of ICZM throughout Scotland. This amount is roughly equivalent to the expected budget for Scotland's first Coastal and Marine National Park but would deliver sustainable ICZM to a far greater area.
It is the view of SCF that the matched funding should be provided directly by the Scottish Executive, as it is important that this is seen as a Government backed initiative without any sectoral bias. Clear guidance would also need to be provided by the Scottish Executive to agencies and local authorities on the level and type of support it expects to be given by them to the development and implementation of Regional Policy Statements.
6.0 AGMACS is asked to consider and make recommendations on:
1. The future role of ICZM in dispute settlement in Scotland's coasts and inshore waters.
2. Whether Regional Policy Statements provide a practical way forward in terms of achieving sustainable use of our coasts and inshore waters?
3. Whether the existing ICZM delivery mechanisms are appropriate for developing Regional Policy Statements?
4. How the lead agencies responsible for producing RPS should be funded?
5. The future role that SCF should have in order to support ICZM in Scotland and its funding.
6. Is there a need to implement legislation to support coastal management
AGMACS
Secretariat
May 2006
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