6 Relevant Plans and Programmes
6.1 Introduction
As part of the process of SEA it is necessary to consider the relationship between the proposed plan and other relevant plans and programmes and the relevant environmental protection objectives which need to be taken into account. In the case of the proposed Scottish Marine Bill, the legal and regulatory framework comprises a range of international, European, UK and domestic regulatory instruments and obligations. There are also a number of UK and domestic strategies that need to be taken into account in the development of the Scottish Marine Bill.
A summary of the key regulatory instruments and strategies and there implications in terms of the development of the Scottish Marine Bill is presented in Appendix D.
6.2 Regulatory Instruments
6.2.1 International
International environmental law includes a large number of agreements, covering terrestrial, marine and atmospheric pollution, and the protection of wildlife and biodiversity. Key developments which set the framework, are (i) the 1972 United Nations Convention on the Human Environment 1972 ( UNCHE), resulting in the Stockholm Declaration and the creation of the environmental agency known as UNEP; (ii) the 1987 Brundtland Report, which established the concept of environmental sustainability; and (iii) the 1992 Rio conference (also known as the Earth Summit), which led to the adoption of several important legally binding environmental treaties including the 1992 UN Framework Convention on Climate Change and the 1992 Convention on Biological Diversity. In addition to these the parties adopted a non-binding Declaration on Environment and Development (referred to as the Rio Declaration) and, Agenda 21, providing a guide to the implementation of treaties agreed at the Summit and a guide to the principles of sustainable development. A further meeting in 2002, known as the World Summit on Sustainable Development ( WSSD) provided a renewed emphasis on the synergies between combating poverty and the environment.
The Marine Bill's consultation document Sustainable Seas for All (July 2008) sets out the Scottish Parliament's support for the Scottish Government in its proposal for the Bill and refers specifically to introducing legislation "sufficient to meet Scotland's international obligations under the Oslo Paris Convention and World Summit on Sustainable Development". These two regulatory measures and other key items of international law relevant to the proposed Bill are summarised in Appendix D. With the level of detail currently available it is possible only to indicate where international commitments will need to be taken into account, generically.
Scotland's responsibilities for complying with international conventions, treaties, protocols and other agreements principally come through UK and EC signature and ratification and then national ( i.e. devolved or reserved implementation through national legislation, policies and commitments).
6.2.2 European Instruments
European Community legislation applies to all Member States of the European Union; the UK is one such State. Scotland, through both its devolved powers and those that are reserved, must comply with EC law. The Bill and resultant legislation must ensure that all commitments for compliance with EC legislation, already made, are retained. It is not yet clear how the Bill will approach existing legislation.
It may incorporate provisions that exist in other items of legislation and thereby replace other statutory provisions, or structure itself so that it does not conflict i.e. new, additional provisions to those already committed to or obligated by, European legislation can be introduced, but none can be rescinded by the Bill. Key EC Directives and policies are set out below. The Marine Bill's consultation document Sustainable Seas for All (July 2008) specifically identifies the European Marine Strategy Framework Directive 2007 ( MSFD) as a key policy to be incorporated. Other Directives already transposed into UK/Scottish legislation are also referred to in Appendix D.
6.2.3 UK and Domestic Instruments
There are two levels of national legislation relevant to Scotland and its proposed Marine Bill. Devolution and the creation of a Scottish Parliament and Scottish Government has provided powers for Scotland to legislate and regulate certain issues that were previously the responsibility of the UK as a whole.
In developing the Scottish Marine Bill, particular account will need to be taken of the UK Marine Bill, which is further ahead in its development (published in April 2008).
As an item of Scottish legislation the Bill will be able to repeal, revoke or amend other items of Scottish legislation, providing that this does not compromise international or European agreements and obligations. The Government's consultation document does not currently indicated to the extent to which this is likely to take place, although it is not uncommon for new Acts of Parliament to consolidate and 'tidy-up' legislation that has either become redundant or would be duplicated in the new regime.
All items of national legislation referred to in Marine Bill's consultation document Sustainable Seas for All (July 2008) are discussed in Appendix D.