Scottish Crown Estate Act 2019 (asp 1)

Part 3 Management of Scottish Crown Estate assets

Managers’ powers and duties

15 Restriction on removal of wild kelp from seabed

(1) The manager of a Scottish Crown Estate asset must not grant a right to remove wild kelp from the seabed (that is, the bed and subsoil of the sea within the Scottish marine area) if either subsection (2) or (3) applies.

(2) This subsection applies if—

(a) removal of the kelp would inhibit the regrowth of the individual plant, and

(b) the kelp removed is intended for commercial use.

(3) This subsection applies if—

(a) removal of the wild kelp is a licensable marine activity, and

(b) the Scottish Ministers have not granted a marine licence for that removal.

(4) A right granted by a manager in contravention of subsection (1) is void.

(5) In this section—

• “licensable marine activity” is to be construed in accordance with section 21 of the Marine (Scotland) Act 2010,

• “marine licence” means a licence granted under Part 4 of that Act,

• “Scottish marine area” is to be construed in accordance with section 1 of that Act,

• “sea” is to be construed in accordance with section 2 of that Act,

• “wild kelp” means any of the following—

  (a)

  Laminaria hyperborea,

  (b)

  Laminaria digitata,

  (c)

  Saccharina latissima,

  (d)

  Saccorhiza polyschides,

  (e)

  Alaria esculenta.