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Scottish Marine Planning process: Regulatory approaches to implementation Andronikos Kafas, Ian Davies, and Matt Gubbins

Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

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Page 1: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scottish Marine Planning process:

Regulatory approaches to

implementation

Andronikos Kafas, Ian Davies, and Matt Gubbins

Page 2: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

The lead Marine Management

Organisation in Scotland

Marine Scotland

Science

Planning & Policy

Performance & Aquaculture

Fisheries

Compliance & IT

(SG Directorate)

Marine management

in Scotland

Page 3: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Outline

Marine Planning in Scotland

Sectoral Marine Planning Scoping Areas of Search

Draft Plan Options

Cross-border Maritime Spatial Planning

in the North Sea

Page 4: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Competition for spaceA new renewable energy industry

A need to protect sensitive habitats and speciesEU Directive Maritime Spatial Planning

Marine (Scotland) Act 2010

National drivers & legislation

Page 5: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

European drivers

European MSP Directive

-fits Scottish approach

Marine Strategy Framework

Directive

-regional scale

-Descriptors of Good Environmental

Status

-leads to measures

Page 6: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Marine Planning in Scotland

Marine (Scotland) Act 2010

Coastal Access Act 2009

Legislative framework for marine

planning in Scotland’s offshore area

National Marine Plan Regional Marine Plans Sectoral Marine Plans

Sets out the legislative and regulatory framework forthe development of statutory plans

Proposes the strategic policies for sustainable use of Scottish marine resources out to 200nm

Address specific issues within a smaller area

Allows for local ownership and local decision-making

Directed by NMP objectives and policies

Progressed within the broader context of NMP

Complement both NMP and RMPs

Provision of relevant information & assessment on strategic spatial locations

In this case, suitable to progress the development of commercial scale offshore renewable energy

Page 7: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

National Marine Planning

Page 8: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Tiered planning

UK Marine Policy Statement UK Marine Policy Statement

National Marine Plan

Regional PlansMarine Plans (Regional)

(East inshore and offshore) Shetland and Clyde

(South inshore and offshore)

ScotlandEngland

Page 9: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Achieve Good Environmental Status by 2020

Tourism and

Recreation

Enhance and develop

opportunities for marine

recreation.

Oil and Gas

Sustain approx 200,000

Scottish jobs in the

industry..

Fishing

Fish all stocks at Maximum

Sustainable Yield,

sustaining stocks, the

industry and coastal

communities.

Renewables

Have 10 Giga Watts of

capacity by 2020 in

place and under

construction.

Aquaculture

Increase finfish production

by 50% and shellfish

production by 100% by

2020.

Transport

Deliver lifeline services and protect

the £1.5 bn contribution of Scotland’s

ports to the Scottish economy.

Conservation

Sustainably manage our seas

using a three pillar approach.

Ports

Ensure facilities are

available to support

renewables and

lifeline services.

Wild salmon and

freshwater fisheries

Sustainably manage and

identify priority areas.

Water and Coastal issues

Protect the coast against

change and flooding;

safeguard water resources

and improve wastewater

quality.

Scotland’s Ambition

Page 10: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Marine Planning

• Promote sustainable development

and use of marine resources

• Manage conflict in the marine

environment and inform decision

making

• Set a future vision and objectives

• Contribute to the delivery of Good

Environmental Status

• Land/sea interactions

• A participative process

• A spatial approach

• An ecosystem based approach

Page 11: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Planning Scotland’s Seas

Consultation

Draft National Marine Plan

Marine Protected Areas Network (& List of

Priority Marine Features)

Sectoral Marine Plans for

Offshore Renewable Energy

Terrestrial/marine planning circular

Consultation closed Nov 2013

MPAs adopted July 2014

NMP adopted March 2015

Page 12: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scottish National Marine Plan

• Conformity with UK Marine Policy Statement

• Assess condition, pressures and impacts

• Policies for sustainable development

• Ecosystem, socio-economic and climate change objectives

• Coherent with terrestrial plans• Public participation, consultation,

investigation, review• Parliamentary scrutiny

Page 13: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scottish National Marine Plan

• Informed by Marine Atlas & Sustainability Appraisal

• High level and sector specific objectives

• General policies for sustainable development and use

• Sector specific policies

• Spatial aspects – focussed on MPAs, renewables

• Regional policies

• Future sections

Page 14: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scottish National Marine Plan:

Approach

General policies: economic/social benefit, community impact, co-location, integration with other plans, evidence base, nature conservation, historic environment, landscape, air quality, noise, coastal processes/flooding, water quality, climate change

Sectors:

Fisheries, Aquaculture, Wild Salmon & Migratory Fish

Oil & Gas, Carbon Capture and Storage, Offshore Renewable Energy

Recreation and Tourism

Transport

Telecommunication Cables

Defence

Aggregates

Page 15: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scottish National Marine Plan:

Objectives & Policies

Objectives: economic, social, marine ecosystem and climate

change

Policies:

Spatial where required/possible/desirable – MPAs, renewables,

aquaculture

Conditions for sustainable economic growth

Interactions with other users

Living within environmental limits

Climate change

Can a planning policy help?

Page 16: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine Planning

Page 17: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Marine Scotland’s roles in

renewable energy

Planning

authority

Licensing

authority

Science

support

Institutional reform

Page 18: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Marine Renewable energy

technologies in Scotland

Page 19: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Marine Renewable

Energy in Scotland

© The Crown Estate; March 2014

Policy Targets

Harvest Scotland’s huge

marine resource potential

Meet 100% electricity demand

by 2020

© Scottish Renewables

19

Page 20: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Marine Renewable

Energy in Scotland

© The Crown Estate; March 2014

Facts

© Scottish Renewables

2017

Page 21: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine Planning

Blue Seas Green Energy(2011)

6 projects at

licensing stage

25 Medium-

term areas of

search

1. Scoping

(late 2011 – early 2012)

2. Consultation

(Aug 2012)

6. Finalise Areas

(Early 2014)

4. Assess Areas

(Draft SMP published July 2013)

5. Statutory

Consultation(Completed Nov 2013)

7. Adopt Areas

Why Sectoral Marine Planning? ‘Proportionate’ Licensing

Identify strategic opportunities,

constraints, and measures for

mitigation

Identify key strategic issues for

consideration at the project level

Enhance the framework in which

consenting recommendations can be

made to Scottish Ministers

6

3. Refine Areas

(Jan 2013)

(Present)

Page 22: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 1 – Scoping

Constraint & opportunity

mapping using The Crown

Estate’s Marine Resource

System (MaRS)

Socio-cultural theme

Environmental Theme

Industrial Theme

Page 23: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scoping areas

of search

Page 24: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 1 – Scoping

Output - Scoping Areas of

Search

Offshore wind Wave Tidal

Page 25: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 2 – Plan options

identification

Draft Initial Plan Framework

Draft Regional Locational

Guidance

Pre-statutory consultation

Initial Plan Framework

Page 26: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 3a – Sustainability

Appraisal

Strategic Environmental

Assessment

Socio-economic assessment

Habitats Regulations Appraisal

Sustainability Appraisal Report

Page 27: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 3b – Draft Plan

Key findings from sustainability

appraisal report inform the

development of the draft plan

Outcomes of RLGs to inform

options within Draft Plans

13

Page 28: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine Planning

Draft Plan Options

Page 29: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 4 – Consultation

Regional and Sectoral

Consultation on draft Plan and

Assessments

Consultation Analysis

15

Page 30: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Sectoral Marine

Planning process

Stage 5 – Plan adoption &

publication

Final Plan and adoption

Post Adoption Statement

Appropriate Assessment

16

Page 31: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Scoping areas of search

Offshore wind Wave Tidal

Page 32: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Plan options

Page 33: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Potential T&D Deepwater

Locations

Page 34: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

INTERREG VB 2014-2020 North Sea Region Programme

NorthSEE: A North Sea Perspective on Shipping,

Energy and Environment Aspects in MSP

Budget: € 4.05 million

Duration: 3 years

Start date: April 2016

Project Duration: April 2016 – March 2019 (+6 months extension i.e. Sep ‘19)

1) Develop a multi-level MSP coordination

framework across the NSR

2) Develop an information and planning

platform to share evidence for MSP

3) Increase stakeholders participation in

transnational MSP

4) Transnational coherence in

Shipping, Environment, and Energy

Page 35: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

INTERREG VB 2014-2020 North Sea Region Programme

NorthSEE: A North Sea Perspective on Shipping,

Energy and Environment Aspects in MSP

National Public authority project partnerThematic

competence

1. German Federal Maritime and Hydrographic Agency (Leader) German MSP authority

2. Dutch Ministry of Infrastructure and the Environment Dutch MSP authority

3.Belgian Ministry of Environment (Belgian Federal Government

Service for Mobility Director General Maritime Transport)Belgian MSP authority

(intermediary)

4. Scottish Government (Marine Scotland) Scottish MSP authority

5. Norwegian Ministry of Climate and Environment Norwegian MSP authority

6. Swedish Agency for Marine and Water Management Swedish MSP authority

7. Danish Ministry of Environment (Aalborg University)Danish MSP authority

(intermediary)

+ Higher education and research project partners: Aalborg University (Denmark), Carl von Ossietzky University of Oldenburg(Germany), World Maritime University (Sweden), NHTV University of Applied Sciences (Netherlands), Institute of Marine Research (Norway), Norwegian Environment Agency (Norway), University of Aberdeen (Scotland)

+ Regional public authority project partners: Province of Noord-Holland (Netherlands)

Page 36: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

INTERREG VB 2014-2020 North Sea Region Programme

NorthSEE: A North Sea Perspective on Shipping,

Energy and Environment Aspects in MSP

Page 37: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Links to UN ECE SDG

Workshop

Technical guidance on:

1. Data interoperability and availability – INSPIRE

2. Stakeholder engagement

3. Assessment methodologies (SEAs, CIAs)

4. Plan Monitoring & Evaluation

5. Cross-border planning & identify significant trans-national issues

Ehler, Charles, and Fanny Douvere. Marine Spatial Planning: a step-by-step approach toward ecosystem-based management. Intergovernmental Oceanographic Commission and Man and the Biosphere Programme. IOC Manual and Guides No. 53, ICAM Dossier No. 6. Paris: UNESCO. 2009 (English).

Ehler, Charles; A Guide to Evaluating Marine Spatial Plans, Paris, UNESCO, 2014. IOC Manuals and Guides, 70; ICAM Dossier 8

Page 38: Scottish Marine Planning process: Regulatory approaches to ... · A new renewable energy industry A need to protect sensitive habitats and species EU Directive Maritime Spatial Planning

Thank you!

Andronikos Kafas ([email protected])

Marine Renewable Energy Scientist

Dr. Ian Davies ([email protected])

Renewables & Energy Programme Manager

Dr. Matt Gubbins ([email protected])

Planning and Environmental Advice Programme Manager

Marine Laboratory, 375 Victoria Road, Aberdeen, AB11 9DB, United Kingdom

Website: www.gov.scot/marinescotland

News: Marine Scotland Blog – Renewable Energy

Data: google search National Marine Interactive

Offshore Renewable Energy Planning Webpage: http://www.scotland.gov.uk/Topics/marine/marineenergy/Planning