National Marine Plan 2 - planning position statement: consultation

Annex B

Marine Plan Requirements

Requirements for what to consider in developing a marine plan

The Marine Acts and wider relevant legislation set out several requirements for consideration when preparing and adopting a marine plan.

UK Marine and Coastal Access Act 2009

The MCAA requires the joint development of a ‘Marine Policy Statement’ by UK Government and Devolved Administrations to outline general policies for contributing to the sustainable development of the UK marine area. The Marine Acts also requires that any marine plans must be developed in conformity with any Marine Policy Statement in effect, unless relevant considerations indicate otherwise (Section 51(6) of MCAA and section 6(1) of MSA). A marine policy statement therefore provides the framework for preparing marine plans and taking decisions related to the marine area.

In 2011, the UK Government and Devolved Administrations prepared a joint Marine Policy Statement^[18] (MPS). The Statement outlines the UK vision for ‘clean, healthy, safe, productive and biologically diverse oceans and seas’ and sets out a series of ‘High Level Marine Objectives’ and policy objectives for key activities to fulfil this vision. There are nineteen High Level Marine Objectives covering the following themes:

• Achieving a sustainable marine economy
• Ensuring a strong, healthy and just society
• Living within environmental limits
• Promoting good governance
• Using sound science responsibly

Marine (Scotland) Act 2010

The MSA sets out several general duties for Scottish Ministers and public authorities to uphold whilst carrying out their functions, including when preparing and adopting a marine plan, requiring them to:

• further the achievement of sustainable development and protection and enhancement of the health of the Scottish marine area (Part 2, Section 3); and
• mitigate and adapt to climate change (Part 2, Section 4).

Specifically in preparing a marine plan, Scottish Ministers should consider the following:

• policies on the contribution of Nature conservation MPAs and other relevant sites
• objectives covering economic, social and marine ecosystem themes, as well as climate change mitigation and adaptation
• an assessment of the condition of the Scottish marine area
• a summary of significant pressures and the impact of human activity on the area.

EU Maritime Spatial Planning Directive 2014

The Directive sets out several articles outlining how maritime spatial planning should be undertaken, including minimum requirements and specific objectives. For instance, Article 5 (1) outlines that objectives should “consider economic, social and environmental aspects to support sustainable development and growth in the maritime sector, applying an ecosystem approach, and to promote the co-existence of relevant activities and uses.”

Article 5(2) notes that plans should aim to “contribute to the sustainable development (of different sectors) and to the preservation, protection and improvement of the environment, including resilience to climate change impacts.”

In addition, Article 6 sets out minimum requirements for maritime spatial planning, including the need to:

• take into account land-sea interactions
• take into account environmental, economic and social aspects, as well as safety
• aim to promote coherence between marine planning and plans with other processes (e.g. terrestrial planning)
• ensure involvement of stakeholders
• use best available data
• ensure cooperation, including transboundary cooperation.

These requirements have been considered in the development of NMP2, including the undertaking of engagement with stakeholders, and are reflected in the proposed high-level objectives and policy ideas outlined in Chapter 6.

Marine Strategy Framework Directive

The European Union (EU) Marine Strategy Framework Directive (Directive 2008/56/EC) establishes a framework for community action in the field of marine environmental policy. It aims to protect more effectively the marine environment across Europe, establishes the concept of Good Environmental Status (GES) of marine waters, and seeks to protect the resource base upon which marine-related economic and social activities depend. The Directive was implemented in UK legislation by the Marine Strategy Regulations 2010 and the UK reports progress towards GES through its Marine Strategy. The UK continues to undertake regional co-operation with EU member states through the OSPAR Convention.

The Regulations set out the general duty “the Secretary of State, devolved policy authorities and each Northern Ireland body must exercise their functions, so far as they are relevant functions, so as to secure compliance with the requirements of the (Marine Strategy Framework) Directive, including the requirement in Article 1 to take the necessary measures to achieve or maintain good environmental status of marine waters within the marine strategy area…”

Marine planning activities would be considered as a relevant function, and so the process to develop NMP2 must consider and incorporate necessary policies (measures) to support the achievement of GES. The GES descriptors have been mapped against the proposed high-level objectives and policy ideas to ensure alignment and will be reflected in the associated monitoring and evaluation framework for NMP2.

Nature Conservation (Scotland) Act 2004

The Nature Conservation (Scotland) Act 2004 places a statutory duty on all public bodies in Scotland to further the conservation of biodiversity in exercising any functions. This is known as the “Biodiversity duty”. This Act also includes a requirement to report on compliance with this duty.

The duty aims to protect biodiversity through management of specific sites, habitats and species, as well as promoting consideration of all impacts on the natural world and building understanding around our connections to biodiversity.

In line with the Marine Acts, NMP2 must set out objectives relating to environment, economy and society, and under these objectives, associated policies will seek to support delivery of the biodiversity duty through topics such as nature-based solutions, protection of priority habitats, and restoration.

National Performance Framework for Scotland

Scotland’s National Performance Framework translates the United Nations Sustainable Development Goals into localised action through 11 National Outcomes that are mapped against relevant goals. The outcomes cover a range of topics towards which marine planning can contribute, including but not limited to:

We value, enjoy, protect and enhance our environment

We have a globally competitive, entrepreneurial, inclusive and sustainable economy

We live in communities that are inclusive, empowered, resilient and safe.

The outcomes set out in the National Performance Framework have been used to inform the development of draft high-level objectives and associated policies in NMP2, with mapping of potential contributions marine planning can make towards individual outcomes.

Requirement to keep relevant matters under review and statutory review

In accordance with the Marine Acts, there is a requirement to monitor and review the Plan, to publish a report on the findings at regular intervals (section 16 of the MSA, and section 61 of MCAA) and a duty to keep ‘relevant matters’ under review (section 11 MSA). Statutory reviews of the National Marine Plan have occurred every three years since its adoption, in 2018 and 2021 and a review is currently underway in 2024.

The 2018 review found that a number of policies and general aspects of the Plan were particularly effective or useful to decision-making. Uncertainties around the UK exit from the European Union were highlighted, and it was suggested that this meant that it was not the right time to amend or replace the plan.

The 2021 review found that there was a clear need to begin work to replace the National Marine Plan, to ensure that it is fully orientated to meet significant emerging challenges such as the Global Climate Emergency, Covid-19 Pandemic, the UK’s exit from the EU and the Scottish Government policy to achieve Net Zero targets by 2045.

The Scottish Marine Assessment 2020 (“SMA 2020”) is a statutory prerequisite for preparing a new national marine plan (Marine Scotland Act (2010), section 5 (4)(b)), and covered all 21 Scottish Marine Regions and Offshore Marine Regions. The assessment considered both the state of Scotland’s seas and the main activities and pressures in the marine regions. It concluded that progress is being made in improving the state of Scotland’s seas, especially in relation to contaminants. However, the assessment paints a mixed picture for marine mammals, birds, fish, plankton and marine litter, and was unable to draw conclusions about benthic habitats and underwater noise due to limitations in current knowledge.

Climate change is the most critical factor affecting Scotland’s marine environment and pressures associated with bottom-contacting and pelagic fishing continue to be the most geographically widespread, direct pressures across the majority of Scottish Marine Regions and Offshore Marine Regions. The SMA 2020 also sets out a number of key next steps with implications for the NMP2, in particular that future work should take an ecosystem-based approach to the protection of Scotland’s seas in the management of human activities and involve closer collaboration and co-ordination with a range of national and international partners. A Strategic Appraisal of the current NMP has been conducted to review the policies and objectives in the current NMP and building on the outcomes of the statutory reviews, make recommendations to inform the scope and policies of new NMP2; and support the statutory Sustainability Appraisal.

Extensive review of ‘relevant matters’ including wider relevant legislative frameworks, strategies and plans across UK and Scotland has been undertaken to inform the development of NMP2. The review identified new duties, plans and sector-specific policies and any outcomes which could be supported through marine planning. The following non-exhaustive list highlights examples of strategies, plans and legislative frameworks that have been reviewed.

• UK Marine Policy Statement
• Scottish Biodiversity Strategy to 2045 (in draft)
• Marine Strategy Framework Directive
• Scotland’s Climate Change Action Plan
• Scotland’s National Adaptation Programme 3
• EU Maritime Spatial Planning Directive
• Joint Fisheries Statement
• Scotland’s Blue Economy Vision
• Scotland’s Fisheries Management Strategy
• Scotland’s National Planning Framework 4
• Vision for Sustainable Aquaculture
• The National Islands Plan
• Energy Strategy and Just Transition Plan (in draft)
• Scotland’s National Performance Framework
• National Strategy for Economic Transformation

Annex C sets out further detail example relevant considerations from wider strategies and plans.