Written Question · S2W-23473 · Session 2
Whether it is the authority from whom a licence must be sought for works in respect of the proposed commercial ship-to-ship crude oil trans…
The question
To ask the Scottish Executive whether it is the authority from whom a licence must be sought for works in respect of the proposed commercial ship-to-ship crude oil transfer in the Firth of Forth which will affect European Protected Species under the Habitats Directive.
The answer
The Scottish Executive does notissue licences specifically for ship-to-ship transfer of crude oil.
If it were to be establishedthat the proposed commercial ship-to-ship transfer of crude oil were likely to disturba European Protected Species, or damage or destroy its breeding site or restingplace, whether or not the species is present in these places, a licence would berequired from the licensing authority under regulation 44 of the Conservation (NaturalHabitats & c.) Regulations 1994. In that case, the licensing authority wouldbe the Scottish Executive. The advice I have sought from Scottish Natural Heritagein respect of the Maritime and Coastguard Agency’s consultation on the relevantoil spill contingency plan will enable decisions to be taken about whether a licencemight be necessary and I do not want to prejudge the outcome of that consideration.
If it were to be establishedthat the proposed commercial ship-to-ship transfer of crude oil were likely to disturba European Protected Species, or damage or destroy its breeding site or restingplace, whether or not the species is present in these places, a licence would berequired from the licensing authority under regulation 44 of the Conservation (NaturalHabitats & c.) Regulations 1994. In that case, the licensing authority wouldbe the Scottish Executive. The advice I have sought from Scottish Natural Heritagein respect of the Maritime and Coastguard Agency’s consultation on the relevantoil spill contingency plan will enable decisions to be taken about whether a licencemight be necessary and I do not want to prejudge the outcome of that consideration.
In the Official Report
No contribution in the Official Report cites S2W-23473 by reference.