Competent Authority
19. Scottish Ministers have decided to adopt the simpler model of 3 authorities with support from other bodies.
20. Regulation 6 designates SNH as a competent authority in relation to environmental damage or an imminent threat of environmental damage to protected species or natural habitats other than in the marine area. SEPA will be the designated competent authority for environmental damage or an imminent threat of such damage to water (up to limit of 3 nautical miles, provided for in the Water Environment and Water Services (Scotland) Act 2003) or land.
21. Scottish Ministers have considered further the supervision arrangements appropriate to particular sectors. The marine environment is accepted as being different in nature to land. Scottish Ministers therefore propose that they themselves should be the competent authority in relation to damage or imminent threat of damage to protected species and natural habitats within the marine environment. Scottish Ministers will call upon the expertise of other bodies where necessary, as provided for in the draft Regulations.
22. In cases where an operator believes environmental damage or a threat of environmental damage to biodiversity, water or land the operator should inform the appropriate competent authority immediately. Where a competent authority requires action by an operator it shall make that clear by sending an operator a notice.