Aquaculture: Consenting Task Group Advisory Group: 5 December 2023

Attendees and apologies

Other organisations:

• Professor Dickon Howell -  Howell Marine Consulting (Chair)
• Anne Anderson – Scottish Sea Farms
• Professor Russel Griggs, Independent
• Dave Cockerill – Bakkafrost
• Douglas Hunter – Mowi
• Michael Montague - Scottish Environment Protection Agency (SEPA)
• Simon Pallant – Shetland Islands Council
• Ben Johnson – Cooke Aquaculture Scotland

Scottish Government

• Jill Barber - Head of Aquaculture Development
• Bill Ellis - Aquaculture Consenting Improvement Lead
• Aleksander Jasinski - Aquaculture Planning Policy Support Officer
• Iain Laing -  Improvement Adviser
• Wendy Geary - Policy Adviser
• Phil Leeks - Scottish Government Environment and Forestry Division

Apologies

• Mark Harvey – Highland Council
• Peter Pollard - Scottish Environment Protection Agency (SEPA)
• Malcolm Pentland - Deputy Director, Marine Economy and Communities, Scottish Government
• Kieran McQuaid - Performance and Change Lead, Scottish Government
• Thekla Garland - Head of Environmental Quality Unit, Scottish Government

 

Secretariat provided by Scottish Government officials.

Items and actions

Actions agreed

Scottish Government to correct text on page 6.

All to provide any further comment on the pre-application form to Scottish Government in the next few weeks.

Scottish Government to write to developers about the launch of the pilot process in January.  

Scottish Government to update tender document where needed.

Developers to inform Scottish Government when they are having discussions with regulators and SEPA so that the Consenting Team are aware.

Members to be aware and raise any specific questions on the IAF consultation with Phil Leeks.

Welcome, Introductions, and Apologies

Chair welcomed all and thanked those in attendance that had to rearrange diaries to accommodate.  Following round table introductions, SG officials provided a recap of activity since the last Consenting Task Group – Advisory Group (CTG – AG) meeting in August,  noting that the Scottish Aquaculture Council (SAC) agreed to progressing the pilots at their meeting on 16 November.

Pre-Application Form & Information Sharing 

Scottish Government (SG) officials provided background to the Fish Farm Pre-Application Consenting Pilots paper.  An updated flow chart, and a draft pre-application form -based on those for SEPA and for planning - had been prepared.  The paper included privacy statements and specific questions for members to consider.

Sector members welcomed the transparency and sharing of information between public bodies so as to eliminate duplication.  Although communication in the pre-application stage could still have the potential for confusion, and may hamper pre-application discussions if incomplete information is put into the public domain. 

SG officials explained discussions were had with Freedom of Information and  Environmental Information Regulations colleagues, and that it is not possible to give assurances on this until the process has been specifically tested.  Information sharing has been front loaded to a range of participants, however not all statutory consultees and regulators may need all this information.  It is with agreement with the developer that the pre-application report can be published, and the wording of the flow chart can be amended if it is not necessary for SEPA to publish within 21 days.  

The Independent member commented that the pilots are about the process and the culture, and that includes trust.  Local authorities member suggested that rather than include every detail, the information on the site, location plan, and information on the development would be sufficient to share with others, and that going through the trials will help with determining the information needed.  A sector member suggested using the template to begin with and then more information can be added to.

An error on Page 6 was highlighted where text should be “meet with role of SEPA and authorities”.

The Chair summarised by saying that we can work though and assess those risks around communication etc.

Action:  Scottish Government to correct text on page 6.
Action:  All to provide any further comment on the pre-application form to Scottish Government in the next few weeks.  

Trial Commencement

At the SAC in November there was support on the work so far and in moving to commence the pilots in January 2024.  There were at least 2 development proposals for initial pilots in Shetland and Highland.

Evaluation

Chair introduced this item and welcomed discussion on the Evaluation tender paper.

Sector members commented the importance that the evaluation should be wider than the 2 initial pilots, the pilots should take an adaptive approach, and there is a need for oversight of the pilots rather than one-to-one engagement with the consenting authorities.  

There were questions around how members would be kept informed of the process, having the learning distilled in a way that would be of benefit to the pilots in real time, and a way of sharing without affecting commercial confidentialities.

Sector members commented on the need for evaluation to look beyond the preapplication stage, that evaluation should also look beyond the initial pilots to maximise learnings, and that there be a process of evaluation built in to each pilot which would then be fed into the formal evaluation.

The improvement adviser for the SG spoke on importance of learning the key points from the process, and to share those clearly at each stage. An informal review could be built in as part of each stage, and then shared with the SG or the CTG-AG before formal evaluation.

SG officials explained that the evaluation will look at more than the initial 2 pilot sites and that it would be useful for Scottish Government to be made aware of pilot proposals for pre-applications coming forward.  SG officials highlighted the  importance of disseminating the key learnings, and this group is key in sharing that information.  It is important that discussions continue, and SG officials will take forward communications with this group.

On the evaluation paper, SG officials noted that there had been helpful discussions at the meeting.  The pilots are an iterative process and there will be much to learn with the  addition to the formal evaluation.  

The Chair commented on the need for central coordination of emerging pilot sites, and that there is initial work to be done.  The first pilots to go through will therefore have risks and benefits associated with that, and the timescale of the initial pilots will be slower as we are building learning as we go.  

The Chair noted that the evaluation should be looking at as many pilots as possible and that should be reflected in the tender document.  Evaluation needs to be about evaluating, learning and capturing learning as we go, and this can be fed into later pilot applications as we proceed.  The evaluation of the pilots will also need a Steering Group, and the CTG-AG could therefore continue to meet quarterly to discuss this and other matters. 

Action:  Scottish Government to write to developers about the launch of the pilot process in January.    

Action: Scottish Government to update tender document where needed.

Action: Developers to inform Scottish Government when they are having discussions with regulators and SEPA so that the Consenting Team are aware.   

Integrated Authorisation Framework – Consultation 2024 

Phil Leeks of the SG Environment and Forestry Division raised awareness of the forthcoming Integrated Authorisation Framework (IAF) consultation on bringing 4 regulatory regimes into one single regime of IAF regulations. Publication is expected week of 12 December with the consultation running until Easter 2024.  It builds on the early public engagement and is seeking views on technical aspects regarding wastewater and industrial emissions. Given the expertise of the group members, responses to the consultation were welcomed.  

Action: Members to be aware and raise any specific questions on the IAF consultation with Phil Leeks.

Next Steps

The Scottish Government invited comments on the papers and pilot process in the next few weeks.

There would be communications in the new year on the commencement of the pilots.

The Cabinet Secretary has approved the tender paper, and a note will be going to the Director General for approval of the spend for the evaluation.

Scottish Government will come back to the CTG -AG on further meetings.

AOB and Close

There were no further items discussed. The Chair thanked members for attending and their contributions and looked forward to seeing members again in 2024.