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