Southern Trench Marine Protected Area (MPA) queries: EIR release

Information requested

Thank you for your response dated 6 August 2025 regarding the Southern Trench MPA assessment in relation to the Stromar Offshore Wind Farm. I appreciate your time in addressing my concerns.

However, I would like to respectfully follow up and seek further clarification on several critical points:

1. Regulatory Basis for MPA Assessment

You stated that a Marine Protected Area (MPA) assessment would only be required where the developer’s project falls within a relevant protected site and the necessary thresholds are triggered, as outlined in the Marine (Scotland) Act 2010 and associated guidance.

However, the developer’s own Offshore Scoping Report (January 2024) explicitly stated that an MPA assessment would be undertaken for the Southern Trench MPA. This creates reasonable expectation that it would form part of the EIA. It is also unclear whether any formal determination has been made that an assessment is not required.

Can you please clarify:

• Has MD-LOT formally confirmed whether a Southern Trench MPA assessment will or will not be required within the EIA?
• Has any determination been made under the Marine Works (Environmental Impact Assessment) Regulations 2017 in relation to potential significant effects on the MPA?
• Is there any formal position from NatureScot on whether the project is likely to have a significant impact on qualifying features of the Southern Trench MPA?

2. Status of Developer Commitments

The developer’s statement in the Scoping Report indicating that an MPA assessment would be produced was not contradicted in the Scoping Opinion. Nor was it revised or withdrawn.

Could you please confirm:

• Does MD-LOT consider statements made in a developer’s Scoping Report to be part of the EIA Scoping Record and therefore relevant to assessing the sufficiency of the eventual Environmental Impact Assessment?
• In the absence of reference in the Scoping Opinion, does MD-LOT still expect the developer to fulfil the commitments made in the Scoping Report?

3. Next Steps and Regulatory Oversight

As the project moves toward EIA and planning submission, I would be grateful if you could confirm:

• Whether MD-LOT will be issuing guidance or clarification to the developer regarding inclusion of an MPA assessment.
• Whether any marine licence pre-application advice has been issued by MD-LOT referencing the MPA.
• Whether, in MD-LOT’s view, omission of an MPA assessment at this stage would raise compliance risks under the Marine (Scotland) Act 2010, the Nature Conservation (Scotland) Act 2004, or the 2017 EIA Regulations.

Response

1. Regulatory Basis for MPA Assessment

• Has MD-LOT formally confirmed whether a Southern Trench MPA assessment will or will not be required within the EIA?

Marine Directorate – Licensing Operations Team (“MD-LOT”) has not confirmed whether an Marine Protected Area (MPA) assessment will be required for the Southern Trench nature conservation Marine Protected Area (“ncMPA”). This determination will be informed by advice provided by the Statutory Nature Conservation Body (“SNCB”), NatureScot, regarding potential impacts on the Southern Trench ncMPA. This will be sought during the consultation period on any applications for sections 36 consent and marine licences for the Stromar offshore Windfarm, should they be received. NatureScot, in its response to the scoping consultation, stated that “we are content that the Southern Trench ncMPA will be considered and addressed in more detail in the EIA Report.” This expectation has been formally reflected in the Scoping Opinion issued for the Project on 29 April 2024.

• Has any determination been made under the Marine Works (Environmental Impact Assessment) Regulations 2017 in relation to potential significant effects on the MPA?

The requirement to undertake an MPA assessments is legislated for by the Marine (Scotland) Act 2010 or the Marine and Coastal Access Act 2009, depending on the location of the project. A determination has not been made under the Marine Works (Environmental Impact Assessment) Regulations 2017 regarding potential significant effects on the Southern Trench Marine Protected Area ncMPA, as these regulations do not specify significance in relation to MPAs directly.

Any potential significant effects on MPAs will be assessed upon submission of applications for section 36 consent and marine licences and following public and stakeholder consultation. This process will consider the sensitivity of the area and the nature of the proposed activities, in line with the criteria set out in the Marine (Scotland) Act 2010 or the Marine and Coastal Access Act 2009.

• Is there any formal position from NatureScot on whether the project is likely to have a significant impact on qualifying features of the Southern Trench MPA?

Upon receipt of any application for section 36 consent and marine licences for the Stromar Offshore Windfarm, MD-LOT will undertake consultation in line with legislative requirements. In the absence of any relevant applications, MD-LOT has not consulted NatureScot on whether the project is likely to have a significant impact on qualifying features of the Southern Trench ncMPA.

2. Status of Developer Commitments

• Does MD-LOT consider statements made in a developer’s Scoping Report to be part of the EIA Scoping Record and therefore relevant to assessing the sufficiency of the eventual Environmental Impact Assessment?

In accordance with Regulation 6 of the 2017 Marine Works Regulations, Regulation 5 of the 2017 Electricity Works Regulations, and Regulation 12 of the 2007 Marine Works Regulations (“the EIA Regulations”), any EIA report submitted in support of a Section 36 consent and marine licence application must be based on the Scoping Opinion adopted by Scottish Ministers. These documents are publicly available on our website and will be considered in assessing the sufficiency of any future EIA submission for this project.

• In the absence of reference in the Scoping Opinion, does MD-LOT still expect the developer to fulfil the commitments made in the Scoping Report?

The requirement for an EIA Report, submitted in support of applications for section 36 consent and marine licences, to be based on the Scoping Opinion adopted by Scottish Ministers, is referenced above. In the absence of specific reference in the Scoping Opinion, developers should maintain commitments made in their scoping report. If assessments and/or methodologies change between the scoping process and submission of applications, these should be clearly noted and explained in the EIA Report.

3. Next Steps and Regulatory Oversight

• Whether MD-LOT will be issuing guidance or clarification to the developer regarding inclusion of an MPA assessment.

Guidance relating to Marine Protected Areas (MPAs), including relevant legislation and assessment requirements, is publicly available on the Marine Directorate website located at the following link: Marine licensing and consenting: Marine Protected Area assessment - gov.scot.

• Whether any marine licence pre-application advice has been issued by MD-LOT referencing the MPA.

MD-LOT has not issued pre-application advice referencing the Southern Trench ncMPA to the Developer, other than the Scoping Opinion dated 29 April 2024. For clarity, the requirement to undertake an MPA assessment does not rely on preapplication advice, rather under section 83 of the Marine (Scotland) Act 2010 and section 126 of the Marine and Coastal Access Act 2009, the requirement to undertake an MPA assessment is informed by responses from NatureScot, as the SNCB, in response to consultation on the EIA report supporting section 36 consent and marine licence applications.

• Whether, in MD-LOT’s view, omission of an MPA assessment at this stage would raise compliance risks under the Marine (Scotland) Act 2010, the Nature Conservation (Scotland) Act 2004, or the 2017 EIA Regulations.

As outlined in our published guidance, an MPA assessment is not required prior to submission of an application for an activity which is capable of affecting, other than insignificantly, the qualifying features of an MPA. Assessments are undertaken by Scottish Ministers during the determination phase. There are no compliance risks associated with the absence of an MPA assessment, prior to the submission of any relevant applications.

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