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Marine (Scotland) Act 2010

Section 91 - Duty to assess impact of prohibition or restriction

142.Section 91 applies where an activity is restricted or prohibited under an MCO. Where the MCO is for the purpose of furthering the objectives of a Nature Conservation MPA or a stated purpose of a Demonstration and Research MPA, or for protecting a European marine site, Ministers must assess various things.

143.Ministers must assess the impact or potential impact of the restriction or prohibition within the area protected by the MCO, and where the restriction or prohibition will cause displacement activity to another part of the Scottish marine area, the impact or potential impact of that displacement.

144.The assessment must include an assessment of the extent to which the restriction or prohibition of the activity has had and may have an impact on economic interests, social interests, the environment within the protected area, and the environment elsewhere in the Scottish marine area as a result of the activity being displaced.

145.Where following an assessment the Scottish Ministers identify an adverse impact, they must take such steps as they consider are reasonable to minimise the impact as far as is practicable.

146.Section 91 does not apply to urgent MCOs made under section 88.

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