Orkney Islands Regional Marine Plan
This plan covers the management of the Scottish Marine Region for the Orkney Islands. It guides and supports decision making for development and use of the sea, and represents the second tier of marine planning, following on from the National plan.
Appendix 2: Relevant Legislation, Plans, Strategies and Policies
A2.1 Table A2 outlines the key legislation, plans, strategies and policies relevant to development, activities, and use in the Orkney Islands marine region. It does not provide an exhaustive list of all relevant legislation, plans, strategies and policies.
Table A2: Relevant legislation, plans, strategies and policies
Legislation
Marine and Coastal Access Act 2009: Establishes the requirement for marine policy to be developed at the UK level.
Marine (Scotland) Act 2010: Establishes the requirement for a national marine plan and provision for regional marine plans and provides for marine licensing inside 12 nautical miles.
Scottish Marine Regions Order 2015: Establishes the Scottish Marine Regions boundaries.
Islands (Scotland) Act 2018: Establishes, among other things, that Orkney Islands Council can be a sole delegate for the functions relating to regional marine plans.
Delegation of Functions (Regional Marine Plan for the Scottish Marine Region for the Orkney Islands) Direction 2020: Direction under section 12 and 13 of the Marine (Scotland) Act 2010 delegating to the Orkney Islands Council the delegable functions relating to regional marine planning with respect to the Orkney Islands marine region.
Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006 and Planning (Scotland) Act 2019: The main planning law in Scotland is the Town and Country Planning Act (Scotland) 1997 as amended by The Planning etc. (Scotland) Act 2006 and Planning (Scotland) Act 2019.
The Conservation (Natural Habitats, &c.) Regulations 1994: The Habitats Regulations (as amended) cover the requirements for (i) protecting sites that are internationally important for threatened habitats and species – known as special areas of conservation in respect of the habitats and species protected under the Habitats Regulations and special protection areas in respect of bird species, known collectively as European sites and (ii) establish a legal framework for animal species requiring strict protection – i.e. European protected species.
Wildlife and Countryside Act 1981: The 1981 Act (as amended) applies to Scotland’s terrestrial environment and inshore waters (within 12 nautical miles of land). Part 1 of the Act details many offences in relation to the killing and taking of wild birds, other animals and plants. It also contains offences in relation to non-native species.
Invasive Alien Species Regulation 1143/2014: The Invasive Alien Species Regulation was retained in Scots Law under the European Union (Withdrawal) Act 2018, and amended by the Invasive Non-Native Species (EU Exit) (Scotland) (Amendment etc.) Regulations 2020. It imposes strict restrictions on a list of species known as ‘species of special concern’.
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 and the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017: EIA is a means of drawing together, in a systematic way, an assessment of the likely significant environmental effects arising from a proposed development. All developments falling within a description in Schedule 1 to the 2017 EIA Regulations require an EIA. Developments of a type listed in Schedule 2 to the 2017 EIA Regulations will require an EIA if they are likely to have a significant effect on the environment, due to factors such as their size, nature or location.
Plan, strategy or policy
UK Marine Policy Statement: Provides a framework for preparing marine plans and taking decisions affecting the marine environment.
Scotland’s National Marine Plan: Sets out national objectives and policies to support sustainable development of Scotland’s seas.
National Planning Framework 4: The National Planning Framework 4 is a long-term plan for Scotland that sets out where development and infrastructure is needed.
The National Plan for Scotland's Islands: Provides a framework for action in order to meaningfully improve outcomes for island communities.
Scotland's National Strategy for Economic Transformation: Sets out the priorities for Scotland’s economy as well as the actions needed to maximise the opportunities of the next decade to achieve the vision of a wellbeing economy.
A Blue Economy Vision for Scotland / Delivering Scotland's Blue Economy approach: Sets out the long-term ambition for Scotland’s blue economy to 2045. It demonstrates how much Scotland values the marine environment and its significance. This is captured in six outcomes sitting across a range of environmental, social and economic ambitions.
Climate Change Plan: Sets out the Scottish Government's pathway to new and ambitious targets set by the Climate Change Act 2019.
Scottish National Adaptation Plan 2024-2029: Sets out the actions that the Scottish Government and partners will take to respond to the impacts of climate change.
Scottish Marine Litter Strategy 2022: A strategy to develop measures to minimise the amount of litter entering the marine and coastal environment.
Historic Environment Policy for Scotland (HEPS) 2019: Outlines how a duty of care for our historic environment will come into existence whenever a decision will affect the historic environment.
Sectoral Marine Plan for Offshore Wind Energy 2020: Aims to identify sustainable plan options for the future development of commercial-scale offshore wind energy in Scotland, including deep-water wind technologies, and covers both Scottish inshore and offshore waters.
Draft Sectoral Marine Plans for Offshore Wind, Wave and Tidal Energy in Scottish Waters 2013: The Wave and Tidal elements of this plan are the current guidance for these types of development. The wind sectoral plan has been updated, as per the plan in the row above.
Orkney Local Development Plan 2017 Sets out a vision and spatial strategy for the development of land in Orkney over the next ten to twenty years. The plan contains the land-use planning policies which Orkney Islands Council will use for determining applications.
Vision for Sustainable Aquaculture: Sets out the Scottish Government’s long-term aspirations to 2045 for the finfish, shellfish and seaweed farming sectors, and the wider aquaculture supply chain.
Marine Tourism: Giant Strides 2020-25: A strategy for Scotland’s marine tourism sector which aims to take ‘giant strides’ towards supporting communities, the environment and economic growth around Scotland’s coasts, lochs and waterways.
Aquaculture Code of Practice: Containment of and Prevention of Escape of Fish on Fish Farms in relation to Marine Mammal Interactions: Sets out standards expected from Aquaculture Production Businesses in Scotland in order to provide for the containment of fish on fish farms and to prevent their escape in relation to marine mammal interactions.
Orkney Harbours Masterplan – Phase 1 – Planning Policy Advice: Provides a structured framework for the physical development and transformation of Orkney’s harbours over a 20-year period.
Disclaimer: Table A2 is intended for guidance purposes only and does not provide an exhaustive list of all relevant legislation, plans, strategies and policies, nor does it provide legal interpretation of legislation referred to therein.
The onus remains with the applicant to ensure that they comply with the relevant legal requirements.