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

Type of law
Date of original text

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 .
Long title of text
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.
Date of consolidation/reprint
Entry into force notes
The provisions of this Act, except this section and sections 1, 2, 19, 64, 65, 66, 106, 133, 157, 165 and 166, come into force on such day as the Scottish Ministers may by order appoint.
This Act also amends the Coast Protection Act 1949 (c.74), the Merchant Shipping Act 1988 (c.12), the Energy Act 2004 (c.20), the Protection of Wrecks Act 1973 (c.33), the Local Government (Wales) Act 1994 (c.19), the Local Government etc.(Scotland) Act 1994 (c.39) and the Criminal Justice and Public Order Act 1994.Amendments up to include Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020.
Source language


Legislation Amendment