The Scottish Government has published the response to its March 2024 consultation on legislative proposals for marine nature restoration. The consultation explored two related legislative proposals:

1) To take powers to introduce a registration process for marine restoration projects that fall below a threshold of environmental impact, in lieu of having to apply for a marine licence.

2) To enable Scottish Ministers to apply Marine Conservation Orders (MCOs) to protect habitats or species undergoing restoration from potentially damaging activities.

After analysing the responses, the Government has decided not to proceed with the proposed legislation. While there was general support for the intended outcomes, respondents expressed concerns about the proposed approaches to achieve them.

Instead, the Scottish Government has said it will prioritise developing a comprehensive marine and coastal restoration plan by 2025, as part of the Scottish Biodiversity Strategy. This plan will outline key actions and prioritise locations, habitats, and species for restoration. A stakeholder advisory group will also be established to support the development of the plan.

Responses

Overall there was a degree of support for both sets of proposals. Respondents highlighted the benefits restoration can bring to the marine environment and that the proposals in principle could have positive effects. However, although there was overall support for the outcomes the proposals would deliver, respondents were concerned about the approaches set out in the consultation to achieve these outcomes.

There was also lack of consensus around the scope of these powers, in particular around the definitions of marine nature restoration; for example some respondents felt definitions should be restricted to ‘active’ restoration, where others expressed concerns at omitting ‘passive’ restoration within the definitions.

Another recurring theme was the need for a framework and better understanding of where restoration can best take place around Scotland.

Changing the order of action

The Scottish Government has said that there is merit in changing the order of action: rather than developing legislation first ahead of implementing the plan, the Scottish Government will first set out the restoration plan and then as part of its development consider what legislative action is most appropriate to best realise the environmental and economic potential of marine restoration activities.

The first Delivery Plan under the Scottish Biodiversity Strategy has an action to publish a restoration plan for marine and coastal areas in Scotland by 2025. The Restoration Plan will focus on identifying key actions needed to facilitate and prioritise locations, habitats and species for restoration. It is anticipated the Plan will be structured around a number of themes, including the regulatory environment. A stakeholder advisory group will be formed to aid in the development of the Restoration Plan.