Scottish Government

Section 1: Introduction

1 Introduction

1.1 Introduction

This Environmental Report ( ER) has been prepared as part of the Strategic Environmental Assessment ( SEA) of the Scottish Government's proposed Scottish Marine Bill as set out in the consultation document Sustainable Seas for All: A Consultation on Scotland's First Marine Bill. The report presents the findings from the SEA, identifies options for mitigating adverse effects and opportunities for enhancing or improving the overall sustainability of the proposals to be set out in the Scottish Marine Bill.

1.2 Overview of the Scottish Marine Bill

The Scottish Marine Bill consultation document has been prepared in response to calls from environmental bodies, regulatory authorities, developers, NGOs and community groups, and recommendations from the Rural Development Committee and the Advisory Group on Marine and Coastal Strategy ( AGMACS) for improved and more sustainable management of human activities within the marine environment and increased protection of Scotland's marine natural heritage.

At present, activities within the Scottish seas are regulated by more than 80 pieces of legislation and three different parliaments. The Scottish Government has devolved responsibility for the majority of activities that occur within 12 nautical miles (nm). However, a number of the activities occurring between 12 to 200 nm remain the responsibility of the UK Parliament (reserved matters). A summary of the key devolved and reserved matters is presented below.

Table 1.1: Devolved and Reserved Responsibilities for Marine Activities in Scotland

* Executively devolved - Scottish Government administers the activity but have no powers to change the legislation

Source: Scotland's Seas: Towards Understanding their State, FRS, SEPA and SNH (April 2008)

Whilst the distribution of responsibilities in terms of reserved and devolved matters is still under consideration, it is recognised that these are unlikely to change significantly under the Scottish Marine Bill. However, the Scottish Marine Bill does seek, where possible, to simplify and clarify the management of those activities for which the Scottish Government has responsibility.

Progress has also been made towards improved protection of the marine natural environment through the introduction of the European Marine Strategy Framework Directive ( MSFD). This Directive, which was issued on 17 ^th June 2008, requires member states to 'take the necessary measures to achieve or maintain good environmental status of the marine environment by 2020 at the latest'. The Scottish Marine Bill consultation document therefore forms a basis for which the MSFD can be transposed into domestic legislation.

1.2.1 Content of the Scottish Marine Bill

The Scottish Marine Bill will introduce a new framework for marine conservation and protection and the sustainable management of human activity within the marine and coastal environment. This will be achieved through five key policy areas:

• Creating Stability: Marine Planning and Integrated Coastal Zone Management
• Reducing the Burden: Licensing and Enforcement
• Securing the Future: Nature Conservation
• Understanding our Seas: Science and Data
• Managing our Seas: Marine Scotland

Each of these policy areas are discussed in further detail in Section 2: Chapters 8 to 12.

1.3 Description of the Project

1.3.1 Subject of the SEA

The plan which is the subject of this SEA is the Scottish Government's proposal to create a new legislative and management framework for the delivery of sustainable economic growth in the marine environment. Proposals relate to creating a stable investment environment, reducing the regulatory burden, enhanced nature conservation, improving our understanding of the seas with delivery through a Scottish Marine Management Organisation - Marine Scotland. The legislative and management framework will be set out in the Scottish Marine Bill.

The assessment is based on the information contained within the Sustainable Seas for All: A Consultation on Scotland's First Marine Bill. The consultation document sets out a programme of measures that will potentially impact upon fisheries, energy, industry, transport water management, tourism and therefore has been identified as requiring an SEA under clause 5(3)(i) of the Scottish SEA Act 2005. In addition the proposals in the consultation document will set the framework for future marine spatial planning and development consents which also require an SEA under Schedule 1 part 2 (7) of the Act.

In summary:

• The purpose of the SEA is to assess the effects of implementing the Scottish Marine Bill (which will ultimately become an Act)
• The draft plan of the Scottish Marine Bill is set out in the consultation document: A Sustainable Seas for All. This is the draft plan required by the SEA Act which must be made available for consultation with the Environmental Report
• Ultimately, the plan which will be adopted is the Scottish Marine Act

1.3.2 Focus of the SEA

The focus of this SEA is to strategically assess how each of the five key policy areas, and the Marine Bill as a whole, would affect the marine and coastal environment and identify options or solutions for minimising or avoiding any significant negative effects and maximising benefits.

1.3.3 Study Area

The area covered by this SEA includes the full seaward extent of Scottish territorial waters from the mean high water mark to the 200nm limit. It therefore covers the transitional zone between the landward limits of the marine environment (mean high water) and the recognised terrestrial planning boundary (mean low water). The SEA study area is illustrated in Figure 1.1.

1.3.4 SEA Topics

The environmental topics covered as part of the assessment are set out in Chapter 2. It should be noted that this SEA does not include socio-economic impacts. In accordance with the SEA Directive and the Scotland SEA Act 2005 the SEA has considered 'population' and 'human health' issues but only in terms of the effects that the different policy areas are likely to have on the main marine activities and how they interact with each other and the environment.

A full assessment of the potential social and economic effects of the Scottish Marine Bill would have required a detailed understanding of how the different marine activities/sea user groups support local communities in terms of employment and revenue as well their contribution to Scotland's national economy. Whilst it is fully acknowledged that it is important to have a full understanding of the wider impacts of the different marine activities on the economy and local communities in terms of the SEA, the ultimate focus of this SEA is on the 'environment'.

It is important to note that in parallel to this SEA, a Regulatory Impact Assessment ( RIA) of the Scottish Marine Bill has also been carried out. The findings from this have been considered in conjunction with this SEA.

1.3.5 Objectives of the Scottish Marine Bill SEA

Taking account of the aims of the Scottish Marine Bill, the four main objectives of this SEA are:

1. To assess how each of the five main policy areas of the Scottish Marine Bill would affect the marine environment

2. To assess 'cumulatively' how through implementation of the five main policy areas of the Scottish Marine Bill would affect the environment

3. To determine whether the Scottish Marine Bill will tackle current environmental problems

4. To assess whether the Scottish Marine Bill will assist the Scottish Government in delivering its obligations to achieve Good Environmental Status ( GES) of marine waters by 2020 as set out under the Marine Strategy Framework Directive ( MSFD)

1.4 How will the SEA Inform the Scottish Marine Bill?

Having decided that an SEA is required, the main question to ask when carrying out the SEA is 'how will the findings of the SEA actually inform the Scottish Marine Bill?'

Ultimately the Scottish Marine Bill is a proposal for an Act of Parliament. Once enacted as domestic law there will be no opportunity to influence or review the content of that Act (although there will be opportunities to influence the legislation, plans or other activities that follow from the Act). It has therefore been accepted that to ensure that the Act is robust and sound from an environment perspective the proposals upon which the Act will be based i.e. the consultation document on the Scottish Marine Bill should be subject to an SEA.

Given that the main purpose of the Scottish Marine Bill is to improve environmental protection and to develop a framework for the sustainable management of all marine activities it is likely that the overall effect of the Scottish Marine Bill on the environment will be positive. However, there are a number of different policy areas within the Scottish Marine Bill, each of which has the potential to have both positive and negative effects on the environment.

Taking the above into account the following key points define the role of the SEA process in the preparation of the Scottish Marine Bill:

1. The Scottish Marine Bill is ultimately a proposal for new environmental legislation. Part of the role of the SEA is to therefore assess how the legislation will affect the environment.

2. Some of the proposals within the Scottish Marine Bill have a specific 'spatial' element e.g. marine planning. Therefore the SEA is required to assess whether the Scottish Marine Bill could have direct effects on the environment as a result of changes in coastal/marine planning policy.

3. Although some elements proposed within the Scottish Marine Bill will be subject to SEAs at the point of implementation e.g. marine spatial plans, this will not be the case for all policy areas. Carrying out an SEA at this level will therefore ensure that all aspects of the Scottish Marine Bill (the policy areas) are assessed in terms of their effect on the environment, providing the basis for identifying improvements to the overall robustness of the Scottish Marine Bill in terms of environmental protection.

4. The SEA provides an opportunity for measures for preventing, reducing or offsetting any potential significant adverse effects of the main policy areas on key SEA topics to be integrated into the Scottish Marine Bill prior to its adoption.

5. There is an opportunity as part of the SEA to examine wider environmental issues e.g. not just how the Scottish Marine Bill will promote environmental protection, but how it will assist the Scottish Government in achieving the targets of Good Environmental Status ( GES) by 2020 set out in the MSFD. It will also determine whether it addresses the key environmental issues that are currently affecting Scottish seas.

6. The SEA provides a basis upon which opportunities for resolving potential competing or conflicting interests can be examined with the aim to minimising any indirect effects that these conflicts may have on the environment.

1.4.1 Mechanisms for Informing the Scottish Marine Bill

The main mechanisms by which the SEA process can inform the development of the Scottish Marine Bill include:

• Client liaison
• Stakeholder consultation (Scoping Workshop)
• Providing environmental information to inform consultation on the Scottish Marine Bill Consultation Document
• Consultation on the Environmental Report
• Review and analysis of consultation responses and providing feedback to the preparation of the final Scottish Marine Bill

In addition to providing information to the Scottish Government on the potential environmental effects of the Scottish Marine Bill, the main aim of this SEA and the Environmental Report is to provide consultees on the Scottish Marine Bill with the necessary environmental information to inform their views on the proposals within the consultation document. This Environmental Report has therefore been issued during the period of consultation on the Scottish Marine Bill to ensure that the findings of the SEA can be taken into consideration as part of that consultation process.

This Environmental Report will also be subject to public consultation. The main focus of this consultation is to ensure that the findings from the SEA are accurate and correct and that all potential environmental issues have been dealt with appropriately. All formal responses to the consultation on the Environmental Report will be taken into account in the preparation of the final Scottish Marine Bill.

1.5 Strategic Environmental Assessment ( SEA)

1.5.1 The Environmental Assessment (Scotland) Act 2005

In 2005 the Scottish Government established the Environmental Assessment (Scotland) Act. This Act, which came into force on 20 ^th February 2006, replaces the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 as the transposition vehicle for the SEA Directive (European Directive 2001/42/EC "the assessment of the effects of certain plans and programmes on the environment"). The Act delivers on the Partnership Agreement commitment to widen the scope of SEA, and go further than obliged by the SEA Directive, by including strategies as well as all public plans and programmes ( PPS).

The main benefits of the SEA process as set out in the 2005 Act are as follows:

• SEA improves the information base for PPS preparation, providing clear information on the possible impact on the environment and influencing the preparation of the PPS, while building in better environmental protection and outcomes
• SEA provides a rigorous system for including environmental factors in decision-making, thus supporting a sustainable development approach
• SEA facilitates an improved consultation process, including the rigorous assessment of reasonable alternatives
• SEA also facilitates transparency, by requiring that an analysis of public comments is undertaken and made publicly available
• SEA facilitates the consideration of cumulative effects and provides a means to prevent, reduce and, as fully as possible, offset any potentially adverse environmental effects

1.5.2 Objectives of the SEA Directive

The objectives of the SEA Directive, as set out in Article 1, are "to provide a high level of protection to the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development". The objectives of the SEA¹ as set out in the Environmental Assessment (Scotland) Act 2005 are:

• To provide a systematic means of identifying, describing, evaluating and reporting on the environmental effects of PPS
• To require Responsible Authorities ( i.e. plan, programme or policy-makers) to prepare a report on the likely significant environmental effects of the PPS and its reasonable alternatives
• To prevent, reduce and offset negative environmental effects. The enhancement of positive effects may also benefit from the SEA process
• To ensure wide consultation and engagement with the statutory Consultation Authorities, such as other bodies as the Responsible Authority considers appropriate ( e.g. health), and the public at an early and effective stage of the PPS preparation
• To deliver a public statement demonstrating how the results of the environmental assessment and the opinions expressed during the SEA consultation process have been taken into account in a final adopted PPS
• To ensure that Responsible Authorities monitor the significant environmental effects of implementing their PPS, enabling them to also identify unforeseen adverse effects at an early stage and to take appropriate remedial action where necessary

1.5.3 Requirements of the SEA Directive

The Strategic Environmental Assessment Toolkit: Natural Scotland (Scottish Government) 2006 was published in response to enforcement of the 2005 Act. The SEA Toolkit sets out the requirements of the 2005 Act and provides guidance for its practical application within Scotland. It incorporates advice set out in the UK Governments main guidance note on SEA 'A Practical Guide to the Strategic Environmental Assessment Directive' ( ODPM September 2005).

The main requirements of the SEA Directive and the SEA Act 2005 include: the preparation of an environmental report; consultation; taking the results of the environmental report and consultations into account in decision-making; providing information on the decision making; and monitoring. The guidance breaks the requirements of the SEA Directive down into a series of 'Stages' (Stages A to E). Each of these stages will inform and interact with the assessment of the Scottish Marine Bill.

Stages A to E of the SEA process include:

• Stage A - Setting the context and objectives, establishing the baseline and deciding the scope
• Stage B - Developing and refining strategic alternatives and assessing effects
• Stage C - Preparing the Environmental Report
• Stage D - Consulting on the Environmental Report
• Stage E - Monitoring implementation of the marine energy strategy

Table 1.1 below lists the main requirements of each of the five stages of the SEA process.

Table 1.1: Requirements of the SEA Directive