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A Strategic Framework For Scotland's Marine Environment

ANNEX 3

MARINE DEVELOPMENT CONSENTS

Coast Protection Act 1949 — Section 34 (Provisions for Safety of Navigation)

The Scottish Ministers have devolved responsibility for issuing consents required for the safety of navigation within UK territorial waters adjacent to Scotland. Consents are issued on behalf of the Scottish Ministers by the Ports and Harbours Branch of the Scottish Executive Enterprise, Transport and Lifelong Learning Department. Expert external advice on applications is obtained from the Maritime and Coastguard Agency, the Northern Lighthouse Board and the Royal Yachting Association. The devolved responsibility does not cover works associated with offshore oil and gas developments. Also works within the Scottish sector of UK controlled waters (designated under section 1(7) of the Continental Shelf Act 1964) beyond the territorial sea are reserved. The Department for Transport handles all CPA cases that do not fall within devolved responsibilities.

Harbours Act 1964 — Sections 14 -18 (Approval of port developments through Harbour Orders)

The Harbours 1964 Act provides powers to make 5 types of Order, the general purpose of which is to amend existing local harbour legislation and to introduce new harbour legislation. More specifically, Orders convey on harbour authorities the powers to undertake works, and also to manage and operate harbours in compliance with a range of rights and responsibilities. Ports and Harbours Branch of the Scottish Executive Enterprise, Transport and Lifelong Learning Department has responsibility for administration of Orders relating to non fishing related harbour works while Branch 1 of the Scottish Executive Environment and Rural Affairs Department Freshwater Fisheries and Aquaculture Division has responsibility for works at fishery harbours.

Food and Environment Protection Act 1985 — Part II (FEPA) (Deposits in the Sea)

FEPA applies throughout UK controlled waters from the tidal limit of Mean High Water Spring tides out to the limit of areas designated under section 1(7) of the Continental Shelf Act 1964. The Scottish Ministers have devolved responsibility as licensing authority for issuing licences for deposits in the sea throughout the Scottish portion of this area. The types of material that can be licensed for sea disposal are listed in Article 3 of Annex II of the OSPAR Convention. A number of operations are exempted from licensing by virtue of the Deposits in the Sea (Exemptions) Order 1985 (SI 1985/1699). In practice applications are assessed and licences are issued on behalf of the Scottish Ministers by the Fisheries Research Services, an Executive Agency of the Scottish Executive Environment and Rural Affairs Department. Policy responsibility however rests with the Water Environment Division. There are reservations in Schedule 5 of the Scotland Act 1998 covering deposits relating to oil and gas exploration and exploitation and operations falling within the subject matter of Part VI of the Merchant Shipping Act 1995. In such cases the licensing authorities are the Secretary of State for Trade and Industry and the Secretary of State for Transport respectively.

Electricity Act 1989 — Section 36 (Consents for offshore electricity generation)

Under section 36 of the Electricity Act 1989 (EA), a consent is required from the Scottish Ministers for the construction, extension or operation of a generating station of over 50MW (megawatts) in capacity, unless otherwise exempted. This covers offshore generating stations above 50MW within UK territorial waters adjacent to Scotland, except for those offshore installations used solely for supplying power for use offshore. To bring smaller wind and water driven developments within the ambit of the EA, and thus subject to the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000 (SI 2000/320) the Scottish Ministers powers under the Act were extended in 2002 by means of The Electricity Act 1989 (Requirement of Consent for Offshore Generating Stations (Scotland) Order 2002 (SI 2002/407) to cover all offshore wind and water driven developments above 1 MW capacity. The Consents Unit of the Scottish Executive Enterprise, Transport and Lifelong Learning Department is responsible for considering applications and issuing consents. They also act as a focal point for the receipt of other offshore renewable energy related applications under the Coast Protection Act 1949 and the Food and Environment Protection Act 1985.

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