Pilot Pentland Firth and Orkney Waters Marine Spatial Plan
This Plan is a pilot process undertaken by a working group consisting of Marine Scotland, Orkney Islands Council and Highland Council in advance of statutory regional marine planning.
Annex 2: Legislation, Policy and Plans
504 The table below sets out the key legislation, policy and plans that have informed the preparation of this Plan. The table does not provide an exhaustive list of all relevant legislation, policies and plans, it aims to identify the key relevant documents.
505 The Strategic Environmental Assessment Appendix 1: Analysis of key environmental objectives contains an overview of relevant data sources and an analysis of key environmental objectives considered relevant to the Plan.
Table 5: Legislation, Policy and Plans
| Legislation/Policy/Plans/Strategies |
Date |
Summary |
|---|---|---|
| Legislation |
||
| United Nations Convention on the Law of the Sea ( UNCLOS) |
1973 - 1982 |
The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. |
| http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf |
||
| EU Marine Strategy Framework Directive |
2008 |
Sets targets and 11 indicators to achieve Good Environmental Status ( GES) of the seas. |
| http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0056&from=EN |
||
| EU Marine Spatial Planning Directive |
2014 |
The Directive creates a common framework for marine spatial planning in Europe. |
| http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0089&from=EN |
||
| EU Habitats Directive and Habitat Regulations |
1992 1994 |
The Habitats Regulations afford protection to certain habitats and species identified in the Habitats Directive, including those requiring strict protection (European protected species). |
| http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:01992L0043-20070101&from=EN |
||
| EU Birds Directive |
2009 |
Makes provision for the protection of bird species naturally occurring in the EU. |
| http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009L0147&from=EN |
||
| Water Framework Directive and Water Environment and Water Services (Scotland) Act ( WEWS) |
2000 2003 |
The Water Framework Directive was introduced in 2000 to establish systems to manage the water environment, and was transposed into Scots Law in 2003. Implemented through the River Basin Management Plans for Scotland. |
| http://www.legislation.gov.uk/asp/2003/3/pdfs/asp_20030003_en.pdf |
||
| Bathing Water Directive |
2006 |
Put in place measures to safeguard public health and clean bathing waters. Member States are required to monitor and assess the quality of bathing waters. |
| http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0007 |
||
| Marine & Coastal Access Act |
2009 |
Establishes the requirement for marine policy to be developed at the UK level. |
| http://www.legislation.gov.uk/ukpga/2009/23/pdfs/ukpga_20090023_en.pdf |
||
| Marine (Scotland) Act |
2010 |
Establishes the requirement for a national marine plan and regional marine plans. Makes provision for marine planning partnerships to prepare regional marine plans. |
| http://www.legislation.gov.uk/asp/2010/5/pdfs/asp_20100005_en.pdf |
||
| Scottish Marine Regions Order 2015 |
2015 |
This legislation establishes the Scottish Marine Regions boundaries. |
| Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 |
1997/2006 |
The main planning law in Scotland is The Town and Country Planning Act (Scotland) 1997 as amended by The Planning etc. (Scotland) Act 2006. From August 3, 2009 the majority of the 2006 Act came into force. |
| http://www.legislation.gov.uk/asp/2006/17/pdfs/asp_20060017_en.pdf |
||
| Policy/Plans/Strategies |
||
| UK Marine Policy Statement |
2011 |
Framework for preparing marine plans and taking decisions affecting the marine environment. |
| Scotland's National Marine Plan |
2015 |
Sets out national objectives and policies to support the sustainable development of Scotland's seas. |
| National Planning Framework 3 |
2014 |
Scotland's Third National Planning Framework, the spatial expression of the Government Economic Strategy, sets out a long-term vision for development and investment across Scotland over the next 20 to 30 years. |
| Scottish Planning Policy |
2014 |
Scottish Planning Policy ( SPP) is a statement of Scottish Government policy on how nationally important land use planning matters should be addressed across the country. |
| The Government Economic Strategy |
2011 |
The Scottish Government Economic Strategy aims to make Scotland a more successful country, with opportunities for all to flourish, through increasing sustainable economic growth. |
| Scottish Historic Environment Policy |
2011 |
The Scottish Historic Environment Policy ( SHEP) document sets out Scottish Ministers' policies for the historic environment, provides greater policy direction for Historic Scotland (now Historic Environment Scotland) and provides a framework that informs the day-to-day work of a range of organisations that have a role and interest in managing the historic environment. |
| National Renewables Infrastructure Plan ( N-RIP) |
2010 |
The purpose of the National Renewables Infrastructure Plan ( N-RIP) is to support the development of a globally competitive offshore renewables industry based in Scotland. |
| Draft Sectoral Marine Plans for Offshore Wind, Wave and Tidal Energy in Scottish Waters |
2013 |
The Draft Sectoral Marine Plans for Offshore Wind, Wave and Tidal Energy in Scottish Waters represent Scottish Ministers' proposed spatial policy for the development of commercial scale offshore renewable energy at a national and regional level. |
| Wind, wave and tidal regional locational guidance |
Ongoing |
Regional Locational Guidance ( RLG) for offshore renewable energy has been developed and will sit within the wider marine planning structure being developed by Marine Scotland. This guidance will contain information in relation to the options for future offshore wind, wave and tidal energy emerging from the Sectoral Marine Planning process. |
| http://www.gov.scot/Topics/marine/marineenergy/Planning/windrlg http://www.gov.scot/Topics/marine/marineenergy/Planning/waverlg http://www.gov.scot/Topics/marine/marineenergy/Planning/tidalrlg |
||
| Pentland Firth and Orkney Waters Marine Spatial Plan Framework and Regional Locational Guidance for Marine Renewable Energy |
2011 |
Sets out a high level framework for taking forward a pilot Marine Spatial Plan for Pentland Firth and Orkney Waters and identifies the categories of information required to underpin the Plan. |
| Modern Trust Ports for Scotland: Guidance for Good Governance |
2012 |
This guidance seeks to cover issues of importance to Scotland and its trust ports which vary considerably in size and operation both within Scotland and from counterparts in England and Wales. |
| Working together for the Highlands: The Programme of The Highland Council 2012-2017 |
2012 |
Programme sets out the Council's priorities for 2012-2017. |
| http://www.slcvo.org.uk/Downloads/News/ProgrammefortheCouncil201217.pdf |
||
| Orkney Islands Council, Council Plan 2013-2018 |
2013 |
The Council Plan sets out the Council's priorities for 2013-2018. |
| http://www.orkney.gov.uk/Files/Council/Council-Plans/Our_Plan_2013-2018.pdf |
||
| Highland-wide Local Development Plan |
2012 |
The Plan sets out the overarching vision statement, spatial strategy and general planning policies for the whole of the Highland Council area, except the area covered by the Cairngorms National Park Local Plan. |
| http://www.highland.gov.uk/download/downloads/id/1505/highland-wide_local_development_plan |
||
| Caithness Local Plan |
2002 (As continued in force, April 2012) |
The Plans sets out land use planning strategy and policies for Caithness. |
| http://www.highland.gov.uk/downloads/download/262/local_plan-caithness |
||
| Sutherland Local Plan |
2010 (As continued in force, April 2012) |
The Plans sets out land use planning strategy and policies for Sutherland. |
| http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/400/sutherland_local_ plan |
||
| Orkney Local Development Plan (Adopted April 2014) |
2014 |
The Plan sets out the vision statement, spatial strategy and general land use planning policies for Orkney. |
| http://www.orkney.gov.uk/Service-Directory/O/Orkney-Local-Development-Plan.htm |
||
| River Basin Management Plan for the Scotland River Basin District |
Second cycle of plans due to be published at the end of 2015 |
The plan aims to maintain and improve the ecological status of the rivers, lochs, estuaries, coastal waters and groundwater areas in Orkney and Shetland. |
| http://www.sepa.org.uk/environment/water/river-basin-management-planning |
||
| North Highland Area Management Plan |
2010-15 |
The plan aims to maintain and improve the ecological status of the rivers, lochs, estuaries, coastal waters and groundwater areas in North Highland. |
| http://www.sepa.org.uk/media/75570/doc-21-nh-catchment-summaries-caithness-and-sutherland.pdf |
||
| Highland Biodiversity Action Plan Caithness Biodiversity Action Plan Sutherland Biodiversity Action Plan |
2015-2020 2003 2003 |
Action plans to support the conservation of biodiversity in across Highland, Caithness and Sutherland. |
| http://www.highlandbiodiversity.com/highland-bap.asp http://www.highlandbiodiversity.com/userfiles/file/acion-plans/caithness.pdf http://www.highlandbiodiversity.com/userfiles/file/acion-plans/sutherland.pdf |
||
| Orkney Local Biodiversity Action Plan |
2013-2016 |
Action plan to support the conservation of biodiversity in Orkney. |
| http://www.orkney.gov.uk/Files/Planning/Biodiversity/Orkney_LBAP_with_appendices.pdf |
||
| Highland Local Transport Strategy |
2010 |
The Local Transport Strategy sets the direction for transport in the Highlands at a local level for 2011/12, 2012/13 and 2013/14. |
| Orkney Local Transport Strategy |
2007 |
The Local Transport Strategy is a framework for how the Council intends to deliver on its own and national transport objectives at a local level, and it also includes an action plan detailing how the Council's challenges will be met and opportunities achieved. |
| http://www.orkney.gov.uk/Files/Transport/Local%20Transport%20Strategy.pdf |
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