Marine (Scotland) Act 2010 Explanatory Notes

Advice etc. as regards protection of certain marine areas

Section 80 - Advice etc. by Scottish Natural Heritage as regards Nature Conservation MPAs and Demonstration and Research MPAs

127.Section 80 provides that Scottish Natural Heritage (SNH) may issue advice and guidance to public authorities on certain matters relating to MPAs. For example, advice may be provided on matters which are capable of damaging protected features. Such guidance may relate to a single MPA, categories of MPAs or all MPAs, and may be given to a particular authority or authorities in general. This section also requires that SNH must give advice to a public authority if the authority requests it.

Section 81 - Advice and guidance by the Scottish Ministers as regards MPAs

128.Section 81 provides that Scottish Ministers may also give advice and guidance on those areas for which SNH may provide guidance under section 80. In addition, Scottish Ministers may provide guidance relating to the matters which are capable of damaging or otherwise affecting any marine historic asset in a Historic MPA and how any stated objectives for a Historic MPA may be best furthered, or how the achievement of any such objectives may be hindered. Scottish Ministers may provide advice in relation to a particular Nature Conservation, Demonstration and Research or Historic MPA, as well as in relation to categories of MPA or indeed all MPAs.

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