Marine (Scotland) Act 2010
Part 1The Scottish marine area
1The “Scottish marine area”
2“Sea”
Part 2General duties
3Sustainable development and protection and enhancement of the health of the Scottish marine area
4Mitigation of and adaptation to climate change
Part 3Marine planning
Marine plans
5National marine plan and regional marine plans
6Conformity of marine plans with other documents
7Coming into effect of marine plans
8Amendment of marine plans
9Withdrawal of marine plans
10Effect of withdrawal from or of marine policy statement or of national marine plan
11Duty to keep relevant matters under review
Delegation of functions relating to regional marine plans
12Delegation of functions relating to regional marine plans
13Directions under section 12: supplementary provision
14Directions to delegates as regards performance of designated functions
Decisions of public authorities affected by a marine plan
15Decisions of public authorities affected by marine plans
Monitoring and reporting
16Monitoring of and periodical reporting on implementation of marine plans
Validity of marine plans
17Validity of national marine plans and regional marine plans
18Powers of the Court of Session on an application under section 17
Interpretation of Part 3
19Interpretation of Part 3
Part 4Marine licensing
Requirement for licence
20Requirement for licence
Licensable marine activities
21Licensable marine activities
Pre-application consultation
22Pre-application consultation: preliminary
23Pre-application consultation: compliance
24Pre-application consultation report
Licences
25Application for licence
26Notice of applications
27Determination of applications
28Inquiries
29Grant or refusal of licence
30Variation, suspension, revocation and transfer
31Pre-variation, suspension or revocation procedure
Exemptions from licensing requirements
32Exemptions specified by order
33Activities below specified threshold of environmental impact
34Oil and gas, defence or pollution
Special provision for certain cases
35Special procedure for applications relating to certain electricity works
36Electronic communications apparatus
37Submarine cables
Appeals against licensing decisions
38Appeals against licensing decisions
Offences
39Breach of requirement for, or conditions of, licence
40Defences: action taken in an emergency
41Defences: electronic communications: emergency works
42Offences relating to information
Enforcement notices
43Compliance notice
44Remediation notice
45Further provision as to compliance and remediation notices
Civil sanctions
46Fixed monetary penalties
47Fixed monetary penalties: procedure
48Variable monetary penalties
49Variable monetary penalties: procedure
50Further provision about civil sanctions
Delegation
51Delegation of functions relating to marine licensing
52Orders under section 51: supplementary provisions
53Directions to delegates as regards the performance of the marine licensing designated functions
Register of licensing information
54Register of licensing information
Stop notices and emergency safety notices
55Notice to stop activity causing serious harm etc.
56Further provision as to stop notices
57Emergency safety notices
58Further provision as to emergency safety notices
Other powers
59Power to take remedial action
60Power to test and charge for testing certain substances
Appeals against notices under this Part
61Appeals against notices
Offences: supplementary provision
62General defence of due diligence
Power by order to provide marine fish farming is not “development”
63Power by order to provide marine fish farming is not “development”
Proceedings for questioning certain decisions under sections 28 and 29
63AProceedings for questioning certain decisions under sections 28 and 29
63BApplications under section 63A: requirement for permission
Interpretation of Part 4
64Interpretation of Part 4
Part 5Marine protection and enhancement: the Scottish marine protection area
The Scottish marine protection area
65The Scottish marine protection area
66“Sea” for the purposes of this Part
Designation of marine protected areas
67Marine protected areas
Nature Conservation MPAs
68Nature Conservation MPAs: additional requirements relating to designation
69Nature Conservation MPAs: further provision
70Nature Conservation MPAs: assessment of achievement of stated objectives
Demonstration and Research MPAs
71Demonstration and Research MPAs: additional requirements relating to designation
72Demonstration and Research MPAs: further provision
Historic MPAs
73Historic MPAs: additional requirements etc.
Amendment or revocation of designation orders
74Amendment or revocation of designation orders
Consultation, urgent designation, representations etc.
75Publicity and consultation etc. before designation
76Publicity in relation to designation orders
77Urgent designation
78Representations and hearing in relation to proposed designation order
Duties relating to network
79Creation of network of conservation sites
Advice etc. as regards protection of certain marine areas
80Advice etc. by Scottish Natural Heritage as regards Nature Conservation MPAs and Demonstration and Research MPAs
80AAdvice etc. by Historic Environment Scotland as regards Historic MPAs
81Advice and guidance by the Scottish Ministers as regards MPAs
General duties of public authorities
82Duties of public authorities in relation to marine protected areas etc.
83Duties of public authorities in relation to certain decisions
84Failure to comply with duties
Marine conservation orders
85Marine conservation orders
86Example provisions for marine conservation orders
87Procedure for marine conservation orders
88Urgent orders
89Publicity in relation to marine conservation orders and urgent continuation orders
90Representations and hearings in relation to proposed marine conservation orders etc.
91Duty to assess impact of prohibition or restriction of activities
Authorisation of things prohibited, regulated etc. by marine conservation orders
92Authorisation of things prohibited, regulated etc. by a marine conservation order
93Delegation of issuing permits or authorisations
Offences
94Offences: contravening a marine conservation order
95Offences relating to protected features of a Nature Conservation MPA
96Offences relating to marine historic assets
97Exceptions to offences under section 94, 95 or 96
98Prohibited act taken in an emergency
Marine management schemes
99Marine management schemes
100Review of schemes
101Marine management schemes: consultation etc.
102Directions as to making, amending or revocation of schemes
Reports to Parliament
103Reports to Parliament
Licences granted under Wildlife and Countryside Act 1981
104Grant of certain licences under Wildlife and Countryside Act 1981
Penalties in regulations implementing Habitats Directive
105Penalties in regulations implementing the Habitats Directive for the Scottish marine area
Interpretation of Part 5
106Interpretation of Part 5
Part 6Conservation of seals
Offence: killing, injuring or taking seals
107Offence: killing, injuring or taking seals
108Exceptions: alleviating suffering
109Exceptions: licensed activity
Seal licences
110Seal licences
111Methods of killing or taking seals under seal licence
112Seal licence conditions
113Seal licence reports
114Variation or revocation of seal licence
115Seal licence fees
116Consultation and consent
Protection at haul-out sites
117Offence: harassment at haul-out sites
Seal conservation areas
118Seal conservation areas
119Effect of seal conservation area status: licensing decisions
Authorisations to enter land
120Power to enter land to obtain information about seals
121Power to enter land to protect fisheries or fish farms from seals
122Duty to notify occupier
123Duty to produce authority
124Obstructing an authorised person
Supplementary
125Advice on seal population
126Police powers: search and seizure
127Forfeiture
128Penalties
129Duty to review seal licensing regime
130Repeal
Part 7Common enforcement powers etc.: licensing and marine protection etc.
Powers of marine enforcement officers
131Enforcement of marine licensing regime
132Enforcement of marine protection and nature conservation legislation
The common enforcement powers
133The “common enforcement powers”
Common enforcement powers of entry, search and seizure
134Power to board and inspect vessels and marine installations
135Power to enter and inspect premises
136Power to enter and inspect vehicles
137Dwellings
138Powers of search, examination, etc.
139Power to require production of documents, etc.
140Powers of seizure, etc.
141Further provision about seizure
142Retention of seized items
Miscellaneous and ancillary common enforcement powers
143Power to record evidence of offences
144Power to require name and address
145Power to require production of licence, etc.
146Power to require attendance of certain persons
147Power to direct vessel or marine installation to port
148Assistance, etc.
149Power to use reasonable force
Licensing: further enforcement powers
150Power to require information relating to certain substances and objects
Duties of marine enforcement officers
151Duty to provide evidence of authority where a person is present
152Duty to state name and purpose, etc.
153Disapplication of sections 151 and 152 in relation to dwellings
Liability of marine enforcement officers
154Liability of marine enforcement officers
Offences in relation to marine enforcement officers
155Offences in relation to marine enforcement officers
General
156General
Interpretation of Part 7
157Interpretation of Part 7
Part 8Sea fisheries
158Extension of modifications relating to Sea Fish (Conservation) Act 1967
159Modification of section 22A of Sea Fish (Conservation) Act 1967
160Modifications relating to Sea Fisheries (Shellfish) Act 1967: orders as to fisheries for shellfish
161Further modifications relating to Sea Fisheries (Shellfish) Act 1967
Part 9General provisions
162Crown application
163Offences by bodies corporate
164Ancillary provision
165Orders and regulations
166Interpretation: general
167Consequential modifications
168Commencement and short title
SCHEDULE 1Preparation, adoption etc. of marine plans or any amendment
Scottish Ministers to notify decision to prepare any marine plan
1(1) Where the Scottish Ministers decide to prepare a national...
Interpretation
2In this schedule— “consultation draft” is to be read in...
Regional marine plans to be compatible with certain other plans
3(1) In preparing or amending a regional marine plan for...
Statement of public participation
4(1) Before preparing a national marine plan or a regional...
Further provision about content of an SPP
5(1) An SPP must include a proposed timetable.
Review and revision of an SPP
6(1) The Scottish Ministers must keep an SPP under review....
Advice and assistance
7(1) In connection with the preparation of a national marine...
Matters to which Scottish Ministers to have regard in preparing marine plans
8(1) The matters to which the Scottish Ministers are to...
Preparation and publication of a consultation draft
9(1) The Scottish Ministers must publish in such manner as...
Representations about a consultation draft
10(1) Any person may make representations about a consultation draft....
Independent investigation
11(1) Where the Scottish Ministers have published a consultation draft...
Matters to which Scottish Ministers are to have regard in settling text with a view to adoption etc.
12The Scottish Ministers, in settling the text of a national...
Laying settled text of draft national marine plan before the Parliament
13(1) The Scottish Ministers must not adopt a national marine...
Adoption and publication of marine plan
14(1) A national marine plan or (as the case may...
SCHEDULE 2Further provision about civil sanctions under Part 4 (marine licensing)
Interpretation
1In this schedule— “ civil sanction ” means a fixed...
Fixed monetary penalties: other sanctions
2(1) Provision under section 46 must secure that, in a...
Variable monetary penalties: other sanctions
3Provision under section 48 must secure that, in a case...
Combination of sanctions
4(1) Provision may not be made under section 46 and...
Civil sanctions and fixed penalty notices
4A(1) Provision under section 46 must secure that, in a...
Monetary penalties
5An order under section 46 or 48 which enables the...
Recovery of expenses
6(1) Provision under section 48 may include provision for the...
Appeals
7(1) An order under section 46 or 48 which makes...
Consultation
8(1) Before making an order under section 46 or 48,...
Guidance as to use of civil sanctions
9(1) Where the Scottish Ministers make provision about the imposition...
Guidance as to enforcement of offences
10(1) Where the Scottish Ministers make provision about the imposition...
Publication of enforcement action
11(1) Where the Scottish Ministers make provision about the imposition...
Disclosure of information
12(1) Information held by or on behalf of a person...
SCHEDULE 3Warrants issued under section 137
Introductory
1(1) This schedule has effect in relation to the issue...
Applications for warrants
2(1) Where a marine enforcement officer applies for a warrant,...
Safeguards in connection with power of entry conferred by warrant
3A warrant authorises entry on one occasion only.
4(1) A warrant must specify— (a) the name of the...
5(1) 2 copies are to be made of a warrant....
Execution of warrants
6A warrant may be executed by any marine enforcement officer....
7(1) A warrant may authorise persons to accompany any marine...
8(1) Execution of a warrant must be within 3 months...
9(1) Where the occupier of a dwelling that is to...
Return of warrants
10(1) A warrant which— (a) has been executed, or
SCHEDULE 4Consequential modifications
Part 1Marine licensing
Coast Protection Act 1949 (c.74)
1In the Coast Protection Act 1949— (a) Part II is...
Merchant Shipping Act 1988 (c.12)
2Section 36 of the Merchant Shipping Act 1988 is repealed....
Energy Act 2004 (c.20)
3In section 99 of the Energy Act 2004, subsections (4)...
Part 2Marine protection and enhancement: the Scottish marine protection area
Protection of Wrecks Act 1973 (c.33)
4Section 1 of the Protection of Wrecks Act 1973 is...
Wildlife and Countryside Act 1981 (c.69)
5In the Wildlife and Countryside Act 1981—
Territorial Sea Act 1987 (c.49)
6In the Territorial Sea Act 1987— (a) in section 3,...
Local Government (Wales) Act 1994 (c.19)
7In the Local Government (Wales) Act 1994, in Schedule 16,...
Local Government etc.(Scotland) Act 1994 (c.39)
8In the Local Government etc. (Scotland) Act 1994, in Schedule...
Water Industry (Scotland) Act 2002 (asp 3)
9In the Water Industry (Scotland) Act 2002, in schedule 7,...
Part 3
Sea fisheries
Sea Fisheries Act 1968
10In the Sea Fisheries Act 1968 (c.77), in section 15...
Fisheries Act 1981
11(1) The Fisheries Act 1981 (c.29) is modified as follows....
Sea Fish (Conservation) Act 1992
12In the Sea Fish (Conservation) Act 1992 (c.60), paragraph (b)...
Criminal Justice and Public Order Act 1994
13In the Criminal Justice and Public Order Act 1994 (c.33),...
SCHEDULE 5Index

Royal arms

Marine (Scotland) Act 2010

2010 asp 5

An Act of the Scottish Parliament to make provision in relation to functions and activities in the Scottish marine area, including provision about marine plans, licensing of marine activities, the protection of the area and its wildlife including seals and regulation of sea fisheries; and for connected purposes.