Marine licensing and consenting: jurisdiction of Scottish Ministers

Marine Directorate – Licensing Operations Team (MD-LOT) administers the marine licensing, section 36 consenting, marine European Protected Species (EPS) and basking sharks 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”, the “Scottish offshore region” and “areas beyond national jurisdiction” (ABNJ). In ABNJ, MD-LOT is the responsible licensing authority where an activity is carried on or controlled by a “Scottish Person”,  and, in certain cases that involve the loading in or towing or propelling from Scotland or the Scottish marine area, “anywhere at sea”. 

“Scottish marine area” (i.e. waters up to 12 nautical miles (nm))  includes 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” (including 12-200 nm plus an area of extended continental shelf) 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.

“Areas beyond national jurisdiction (ABNJ)” means the high seas and the Area, which together include:

• the water column beyond the Exclusive Economic Zone (EEZ), or beyond the territorial sea where no EEZ has been declared and
• the seabed which lies beyond the limits of the continental shelf established in conformity with Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS)

Accordingly, ABNJ refers to the high seas and seabed beyond national jurisdiction anywhere in the world, not just areas immediately beyond Scotland’s EEZ or immediately beyond any other part of the United Kingdom’s EEZ. 

“Anywhere at sea"  means any location within the sea, regardless of whether it is in the territorial seas, exclusive economic zones or continental shelf areas.  It applies to areas within any national jurisdiction and ABNJ.

Marine EPS licences are required from MD-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 to or injury to EPS in the “Scottish offshore region”.

Marine basking shark licences are required from MD-LOT where commercial activity is likely to cause disturbance or injury to basking sharks (Cetorhinus maximus) within the Scottish territorial sea (NatureScot issues basking shark licences for activities in relation to scientific research or conservation).

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.