Firth of Forth ship-to-ship transfers

Firth of Forth ship-to-ship transfers

Protecting the Firth of Forth

Surf on rocky shoreline

RSPB Scotland was concerned that the proposed oil transfers in the Firth of Forth constituted a 'plan or project' that was not adequately covered by the protection afforded to the Firth of Forth by the classifications awarded under the EU Habitats and Birds Directives.

Concerns

We felt that the Scottish regulations that applied the Habitats and Birds Directives into Scots law, were incomplete. Our concern stemmed from the fact that the most stringent tests included in the EU Directive did not seem to apply to this project, and that the 'competent authority' responsible for interpreting the law was Forth Ports, a public limited company.

The lack of public accountability, or arena for public comment, demonstrated the ineffective nature of the planning laws in the marine environment, so we also believed the confusion over ship-to-ship demonstrated the need for an effective planning system for the sea, which could be introduced as part of a Marine Act for Scotland.

'If planning conflicts such as that which occurred over ship-to-ship are to be avoided in the future, it is imperative that we clarify and simplify marine legislation'

Ship-to-ship regulations, issued by Westminster (because control of shipping activities is reserved to Westminster), would also be useful in offering clarity and uniformity in the assessment of the strategic need for these types of oil operations, and where they are best undertaken, around the UK.

Equally, as responsibility for the seas around the UK lies both with the Scottish Parliament and with the UK Government at Westminster (depending on exactly what activity you are undertaking and how far away from the coast you are), a UK Marine Bill must include a planning system for the sea that integrates with a Scottish system. For more information about our UK campaign, visit the Safeguard Our Sealife campaign page (link on right).

The public outcry over the proposed oil transfers ensured that the new Scottish government acted quickly to try and clarify the situation in the Forth, after promises made during the election campaign.

Action

The fastest solution, and one that RSPB Scotland has advocated, was amendment of the Habitats Regulations. As mentioned, we were concerned that the proposals fell through a gap in the regulations, so we asked the Scottish Executive to amend the regulations in such a way as to ensure that the need to fulfill every step of the Habitats Regulations in instances such as ship-to-ship was made clear.

In fact, the amendments made to the Habitats Regulations by the Scottish Parliament in June 2007 not only extend the full power of the Directive to all 'plans and projects' but allow Scottish Ministers to 'call in' projects to ensure that the interests of the SPA are properly taken into account.

This effectively gives Scottish Ministers the final say on development proposals that may impact on European Wildlife Sites, ensuring that the application of the Habitats Directive is publicly accountable.

This is great news as it means all European Wildlife Sites in Scotland now have a higher degree of protection, and that Scotland is applying European law at the standard at which it was intended.

The future

However, it is not the end of the story. The Habitats Regulations are just one of 85 pieces of legislation governing the marine environment. Proposals for ship-to-ship transfers of oil in the Firth of Forth have highlighted the confusing and fragmented nature of regulation in the marine environment, including a number of significant gaps, potentially leaving marine wildlife less effectively protected than the same species when on land.

If planning conflicts such as that which occurred over ship-to-ship are to be avoided in the future, it is imperative that we clarify and simplify marine legislation.

RSPB Scotland is campaigning for a Marine Bill for Scotland that would introduce a planning system for the sea, similar to that on land, that would provide for the environment and for coastal communities. A Marine Act for Scotland could also, in clarifying marine legislation, provide an opportunity to undertake a strategic assessment of the need for ship-to-ship oil transfers and introduce a national regulatory regime to coordinate any such marine activity.

What you can do

Write to your MSP expressing your support for a Marine Act for Scotland and ask them to work for protection for Scotland’s seas in the Scottish Parliament. 
 
Write to your MP supporting the rapid introduction of UK regulations for STS and stressing that these should include a clear procedure for assessing STS proposals with the potential to affect designated wildlife sites.

For more information, including how to find your MSP and MP please use the contact below.

Contact

E-mail: campaigns.scotland@rspb.org.uk

What can I do?

Our precious seas are dying from neglect. Your support today will help safeguard our sea life.

Safeguard our sea life

Last modified: 03 July 2007

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