Marine (Scotland) Act 2010

5 National marine plan and regional marine plans

(1) The Scottish Ministers must prepare and adopt in accordance with schedule 1 a national marine plan for the Scottish marine area.

(2) The Scottish Ministers may prepare and adopt in accordance with that schedule a regional marine plan for any Scottish marine region (see subsection (5)).

(3) A national marine plan or (as the case may be) a regional marine plan is a document which—

(a) states the Scottish Ministers’ policies (however expressed) for and in connection with the sustainable development of the area to which the plan applies,

(b) states the Scottish Ministers’ policies on the contribution of—

(i) Nature Conservation MPAs (namely areas designated as such by order under section 67(1)(a)), and

(ii) sites falling within section 79(4),

to the protection and enhancement of the area to which the plan applies,

(c) states that it is a national marine plan or (as the case may be) a regional marine plan prepared and adopted for the purposes of this section.

(4) For the purposes of preparing a national marine plan or (as the case may be) a regional marine plan, the Scottish Ministers must—

(a) set—

(i) economic, social and marine ecosystem objectives,

(ii) objectives relating to the mitigation of, and adaptation to, climate change,

(b) prepare an assessment of the condition of the Scottish marine area or, as the case may be, Scottish marine region at the time of the plan’s preparation,

(c) prepare a summary of significant pressures and the impact of human activity on the area or region.

(5) The Scottish Ministers may by order designate any part of the Scottish marine area as a Scottish marine region; and any such order must identify the boundaries of the Scottish marine region.

(6) A national marine plan or (as the case may be) a regional marine plan may also include statements or information relating to policies contained in the plan.

(7) If to any extent a policy stated in a national marine plan or a regional marine plan conflicts with any other statement or information in the plan, that conflict must be resolved in favour of the policy.