Publication - Advice and guidance

EU Exit: marine environmental legislation in Scotland

Explains the changes made to marine legislation to ensure that the law remains operable and effective from 1 January 2021

19 page PDF

338.5 kB

19 page PDF

338.5 kB

Contents
EU Exit: marine environmental legislation in Scotland
Marine (Scotland) Act 2010

19 page PDF

338.5 kB

Marine (Scotland) Act 2010

Changes have been made to the Marine (Scotland) Act 2010 ("the 2010 Act")[10] [11] so that it continues to operate effectively now that the UK is no longer part of the EU. The amendments are minor and technical in nature - the legislation continues to operate as it did before exit day.

Further information

The 2010 Act created a legislative and management framework for the marine environment in Scottish inshore waters, to help ensure clean, healthy, safe, productive and biologically diverse oceans and seas.

The 2010 Act created a system of marine planning to manage the various and often competing uses of the sea, whilst making sure the marine environment is protected. The 2010 Act also created a system of licensing and enforcement, and included powers to establish marine protected areas to protect natural and cultural marine features. It also introduced a new regime for the conservation of seals.

Amendments have been made to some provisions and definitions which would not have made sense once the UK left the EU. For example,

  • references to "obligations under EU law" have been changed to "obligations under retained EU law";[12]
  • a reference to "a Member State" has been changed to "the United Kingdom"; and
  • the definition of "third country vessel" has been amended so that it includes all non-UK vessels.

Contact

Email: marine_conservation@gov.scot