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Marine (Scotland) Act 2010

After years of campaigning alongside other wildlife organisations, two crucial milestones in UK marine conservation have been reached. At the end of 2009, the UK Government brought into law the UK Marine and Coastal Access Act. A matter of months later, in March 2010, the Marine (Scotland) Act received Royal Assent and came into law.

We welcome these new laws, not least because our marine environment is showing the telltale signs of stress; huge declines in seabird colonies, escapes and pollution from fish farms, destruction of deepwater corals, radioactive hotspots, littered beaches and sewage pollution make regular news. This new legislation must deliver for an ecosystem that has been seriously damaged over the course of decades.

Central to the new legislation is the duty on ministers to designate a network of Marine Protected Areas to protect the sites and species that make our marine wildlife so spectacular. Also included is a system of marine planning, which is vital to ensure that developments at sea happen sustainably, within environmental limits.

Who is responsible?

Responsibility for the seas around Scotland lies with both the Scottish and UK Governments. The complex mix of reserved and devolved powers means that both Scottish and UK legislation applies in our waters, and so these must fit together effectively.

Scottish Ministers have responsibility for managing our seas out to 12 nautical miles, with the exception of reserved issues such as oil and gas, and shipping. They also have responsibility for fishing out to 200 nautical miles.

Through a process called 'executive devolution', the UK Government has also agreed to pass responsibility for certain issues out to 200 nautical miles to the Scottish Government. This includes renewable energy, licensing of deposits and dredging, regulating pollution and, crucially, nature conservation.

The new laws will also see a system of joint planning between the Scottish and UK Governments up to the 200 nautical mile limit.

The Marine (Scotland) Act

We warmly welcome the Marine (Scotland) Act, as it provides us with a vital opportunity to manage our seas sustainably.

We are pleased to see the Bill introduce a system of marine planning and licensing of activities, along with a crucial network of marine protected areas. This should ensure that our marine wildlife and habitats can be protected and, hopefully, allow damaged marine ecosystems to recover.

Scotland has the longest and most diverse coastline, largest seabird colonies, best fisheries, richest marine life, and some of the most innovative marine industries in the UK. It is clear that healthy and abundant seas are vital for Scotland's economy.

Strong laws are just the beginning – we are now working to ensure the Marine (Scotland) Act is implemented to deliver for people and wildlife.

Last modified: 14 April 2010

Saving seabirds in Scotland

• Marine (Scotland) Act 2010
• Fisheries in Scotland