Licensing and Regulating frameworks for Offshore Development

Role:

A range of marine licensing and consenting requirements are likely to be required for offshore renewable energy projects (wind, wave and tidal). The Marine Directorate - Licensing Operations Team (MD-LOT) is the regulator responsible for determining marine licence applications on behalf of the Scottish Ministers in the Scottish inshore region (between 0 and 12 nautical miles (nm)) under the Marine (Scotland) Act 2010, and in the Scottish offshore region (between 12 and 200 nm) under the Marine and Coastal Access Act 2009. 

A network of Marine Protected Areas (MPAs) have been designated in Scottish waters under the Marine (Scotland) Act 2010   or the Marine and Coastal Access Act 2009 . When determining applications for marine licences, section 36 consents and licences to disturb European Protected Species or basking sharks. Scottish Ministers must consider the effect on MPAs. Applicants may have to provide information to inform an MPA assessment.

Scottish Ministers must consider the effect on MPAs when determining marine licences, section 36 consents and licences to disturb a European Protected Species (EPS) or basking sharks. If an act is capable of affecting (other than insignificantly) an MPA then applicants may have to provide information to inform an MPA assessment. 

Under section 83 of the Marine (Scotland) Act 2010 and section 126 of the Marine and Coastal Access Act 2009, if an act is capable of affecting (other than insignificantly) then as a general rule Scottish Ministers are not authorised to grant authorisation unless under specified circumstances in the act.