Marine licensing and consenting: jurisdiction of Scottish Ministers

Marine Scotland – Licensing Operations Team (MS-LOT) administers the marine licensing, section 36 consenting and marine European Protected Species (EPS) licensing functions in Scottish inshore and offshore waters on behalf of the Scottish Ministers.

Marine licences are required for ‘licensable marine activities’ in the “Scottish marine area” and the “Scottish offshore region”.

“Scottish marine area” (0-12 nautical miles (nm)) means the area of sea (any area submerged at mean high water spring tide, the waters of every estuary, river or channel (up to Normal Tidal Limit), so far as the tide flows at mean high water spring tide) within the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland and includes the bed and subsoil of the sea within that area.

“Scottish offshore region” (12-200 nm) means so much of the UK marine area as lies outside the Scottish inshore region and consists of areas of sea which lie within the Scottish zone, and areas of sea which lie outside the Scottish zone but which are nearer to any point on the baselines from which the breadth of the territorial sea adjacent to Scotland is measured than to any point on the baselines in any other part of the United Kingdom.

Marine EPS licences are required from MS-LOT where commercial activity is likely to cause disturbance or injury to EPS within the Scottish territorial sea (NatureScot issues EPS licences for disturbance or injury in relation to scientific research or conservation) or where activity (other than certain reserved matters (such as oil and gas)) is likely to cause disturbance or injury to EPS in the “Scottish offshore region”

Section 36 consents are required to construct, operate or extend a generating station in the territorial sea adjacent to Scotland or the Scottish part of the Renewable Energy Zone (REZ).

Safety Zones can be declared by Scottish Ministers under the Energy Act 2004 in Scottish waters or an area of waters in a Scottish part of the REZ.