Date lodged: 14 December 2018
To ask the Scottish Government, further to the answer to question S5W-20226 by Mairi Gougeon on 13 December 2018, in which it stated that “Public authorities are not obliged to record and report how they take in to account the National Marine Plan in decision making”, how it ensures that public authorities comply with the policies in the National Marine Plan.
Answered by: Mairi Gougeon 15 January 2019
Public Authorities are obligated to comply with the policies set out in the National Marine Plan. It is for the public authorities to take the necessary steps to demonstrate compliance with policies in the National Marine Plan.
As stated in Section 15 of the Marine (Scotland) Act 2010, a public authority must take any authorisation or enforcement decision in accordance with the appropriate marine plans, unless relevant considerations indicate otherwise. If a public authority makes an authorisation or enforcement decision other than in accordance with the appropriate marine plans, it must state its reasons.