Marine (Scotland) Act 2010 (2010 asp 5).

This Act creates a new legislative and management framework for the marine environment in Scotland. It, among other things: establishes a new system of marine planning to take into account marine environment protection and management matters, creates a system of licensing of marine activities and defines powers to establish marine protected areas to protect natural and cultural marine features. The Act also introduces a new regime for the conservation of seals and gives powers to Scottish marine enforcement officers to ensure compliance with the new licensing and conservation regime. The Act makes amendments to sea fisheries legislation.
The Act defines the Scottish marine area, which is essentially Scotland s territorial seas, and defines the sea at high water spring tide. A simplified licensing system, including requirements of Part II of the Food and Environment Protection Act 1985 and Part II of the Coast Protection Act 1949, is put in place. The Scottish Ministers will have general responsibility for the new regime for the licensing of marine activities. The Act allows the Scottish Ministers, by Regulations, to permit licensable marine activities which fall below a specified threshold of environmental impact to be registered rather than licensed. The Act furthermore, among other things, creates powers to establish marine protected areas and management tools and prohibits the killing or taking of seals except under specific licence.
The Town and Country Planning (Scotland) Act 1997 is amended so as to grant powers to Scottish Ministers to provide, by Order, that marine fish farming is not development .