Queen of Sweden Historic Marine Protected Area - designation proposal: final business and regulatory impact assessment – 18 July 2025

Executive summary

Issue and why it needs to be addressed

The Queen of Sweden is a well-preserved wreck of national importance, the remains of which lie within the harbour limits at the southern entrance to Lerwick Harbour. Although the wreck has been subject to historic salvage activity, key features are visible on the seabed and there is significant potential for further remains to be buried within the seabed sediments. Designating the site as a Historic MPA will help to maintain the site and its rich archaeological history.

Intended outcomes

The intended outcomes are best described by the site preservation objectives, namely:

a) to maintain the extent of survival of the marine historic asset within the area;

b) to maintain site condition of the marine historic asset;

c) to prevent the removal, wholly or partly, of the marine historic asset from within the Queen of Sweden Historic MPA, except where Historic Environment Scotland and/or the Scottish Ministers are satisfied that this is desirable for the purpose of making a significant contribution to the protection of the marine historic asset or to knowledge about marine cultural heritage;

d) to prevent the commercial exploitation of the marine historic asset for trade, speculation or its irretrievable dispersal other than provision of professional archaeological or public access which is consistent with preservation objectives a, b, c.

Options

Option 1 - the ‘do nothing’ option, leaving the site open to risk from unregulated salvage activities.

Option 2 - designate the site as a Historic MPA. This is the preferred option as Historic Environment Scotland (HES) has concluded that the site meets the criterion of national importance to merit statutory protection and that it is desirable to take forward designation as a Historic MPA thus delivering additional controls in respect of activities, such as salvage, that may continue to be targeted at this site.

Sectors affected

Competent authorities will be required to take account of the site preservation objectives when making decisions about any proposed developments or activities.

Fishers who should avoid using static and mobile fishing gear within the MPA to avoid risk of damage to and disturbance of marine historic assets.

Recreational divers who must not recover any artefacts without the necessary advice and licences.

Engagement completed, ongoing and planned

HES and the Scottish Government have undertaken extensive stakeholder engagement with relevant internal policy areas and externally with industry and other interested parties, including representatives of the fisheries, ports and heritage sectors. Engagement has been implemented via bi-lateral meetings, presentations to forums and Councils, direct emails and formal consultation.

Due to the impacts of COVID-19, work to progress the proposal was paused and then restarted in 2024. At this point, the Scottish Government engaged with all previous respondents to the 2019 consultation as well as a number of additional individuals and organisations who had not previously responded.

Anticipated impacts (intended and unintended, positive and negative) and mitigating actions

There are no negative impacts anticipated with the designation of the Queen of Sweden wreck as a Historic MPA. Protection of the site will help to minimise the potential for any adversely affecting activities taking place on the future.

Enforcement/ compliance

Designation of the site will place duties on competent authorities with functions capable of adversely affecting the assets to carry out functions in a way that best furthers or, where this is not possible, least hinders the stated preservation objectives. Decision makers must consider impacts on the preservation objectives and decisions must be taken in accordance with marine plans and policies.

Periodic monitoring should be carried out by a contractor on behalf of HES, which would likely be a marine archaeology service contractor. The option to use citizen science involving local divers will be explored. HES will continue to work with local communities, the police and other justice partners on enforcement. The 2010 Act also provides enforcement powers to Marine Enforcement Officers (MEOs), include boarding vessels and marine installations, entering and inspecting premises and vehicles, powers of search and seizure, forcing vessels to port, and requiring production of certain information.

Recommendations/ implementation plans

The recommendation is to designate the wreck of Queen of Sweden as a Historic MPA. This will ensure a common approach to the protection of Scotland’s outstanding marine natural and cultural heritage, affording additional protection for this nationally important site to that currently available through other mechanisms (e.g. marine planning). Alignment with the marine planning/licensing system helps to minimise duplication of effort on consenting regimes and therefore costs to both industry and government. This recommendation is supported by the outcome of extensive stakeholder engagement and public consultation responses.

Following the detailed programme of stakeholder engagement and the consultations undertaken by both HES and the Scottish Government, the proposed designation of the Queen of Sweden Historic MPA is expected to take effect on 1 November 2025. Publication and notification procedures set out in section 75 and 76 of the 2010 Act will ensure that persons likely to be affected by the designation will be made aware of the resulting course of action.

Evaluation and monitoring of implementation/review of BRIA

HES will keep the designation and its implications under review in line with the risk based approach to monitoring set out in line with the Scottish MPA Monitoring Strategy ^[1] and propose amendments if and when appropriate.