Explore top questions within Permissions
What is needed in terms of licences, consents and leasing?
The Scottish Government, NatureScot and Crown Estate Scotland are responsible for the safe, healthy and prosperous management of our seas and coasts. They have a number of teams whose work directly relates to marine restoration and enhancement and/or deal with consents and licences. Considerable advice is available from these teams so take time to get in touch and create relationships with key people.
The following is a short summary of the regulations – it can sound imposing, but don’t let that put you off, there are people to help guide you through this but it is much better to plan your project with a good understanding of what is currently needed in terms of licences and consents.
Notes on permissions:
- It is a licensable marine activity under Marine (Scotland) Act 2010 to construct, alter or improve any works, which may include an oyster reef.
- Marine licence requirements depend on the methods used to undertake the project.
- A marine license is likely to be required for the deposition of any material e.g. cultch on the sea bed.
- Fishing by any means does not require a marine licence but other permits may be needed.
- The Fish Health Inspectorate should be involved to help with addressing concerns about notifiable diseases and fish health e.g. when planning to restock any species or for placement of cultch. Crown Estate Scotland may also need to give their consent for a restoration project if it occurs on the land or seabed they manage.
- If oyster cultch is used to construct an oyster reef, pre-application consultation (PAC) may be required under The Marine Licensing (Pre-Application Consultation) (Scotland) Regulations 2013 if the footprint exceeds 1000 m2. Furthermore, if the reef has the potential to alter coastal processes, Environmental Impact Assessment screening may be required under The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017. These are processes which must be carried out prior to applying for a marine licence.
- SEPA should be consulted particularly with regard to biosecurity plan protocols, extracting or releasing water or where cultch is weathered on land as effluent can enter groundwater/ water courses.
It is a licensable marine activity under Marine (Scotland) Act 2010 to deposit any substance or object within the Scottish marine area, either in the sea or on or under the seabed, from any of the following—
(a) a vehicle, vessel, aircraft or marine structure,
(b) a container floating in the sea, or
(c) a structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea.
However, the placement of certain equipment for purposes of propagation or cultivation of shellfish may be exempt from the requirement of a marine licence under article 12 of The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Order 2011.
Read the regulations fully before getting in touch with the relevant departments to get initial advice prior to application.
More information can be found on the Marine Scotland Licensing pages.
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Glossary
It can feel overwhelming with the amount of terminology surrounding restoration. Search for specific words or explore our glossary through the below themes:
Permissions:
- Species = A name of a living organism.
Restoration:
- DDV = A drop down video system (DDV) is a marine survey equipment setup that is typically an underwater camera and lights on a robust sled/frame. DDV systems generally have a live stream of footage to the surface, built in depth sensors and lasers to provide a scale to estimate the field of view.
- Ebb and flood tide = Ebb is the tidal phase during which the water level is falling and flood the tidal phase during which the water level is rising.
- Eddies = An eddy is a circular current of water.
- Epiphyte = A small plant that grows attached to another plant.
- Inshore water = Scotland’s inshore waters are the marine region within 12 nautical miles of the coast.
- Intertidal = The intertidal zone or “littoral zone” is the term used to describe the seashore which is covered during high tide and exposed during low tide.
- Marine life cover = The dominating marine community on the seabed or shoreline.
- MPA = Marine Protected Area
- Native range = A species range is the area where a particular species can normally be found during its lifetime.
- Non-native species = Species introduced or spread from one region to another outside their normal range.
- PMF = Priority Marine Feature. This is used in Scotland to describe features characteristic of the Scottish marine environment. The list of PMFs is used to focus conservation and they are given policy protection in the National Marine Plan.
- Sessile = Permanently attached to the substrate. Can only move by external forces (such as water currents).
- Slack water = A short period in a body of tidal water when the water is completely unstressed, and there is no movement either way in the tidal stream, which occurs before the direction of the tidal stream reverses.
- Species = A name of a living organism.
- Spring tide = A tide in which the difference between high and low tide is the greatest. This results in very low, low tides and very high, high tides.
- Substrate = The surface or material on or from which an organism lives (e.g. rock, cobbles or mud).
- Subtidal = The area of coast which is covered by water at low tide.
- Taxonomic hierarchy = Taxonomic hierarchy is the process of arranging various organisms into successive levels of the biological classification.
- Tether = The cable that connected an underwater camera to the surface, which transfers information or power.
- Algae = A photosynthetic, plant-like single- or multi-cellular organism.
- Animal bed = Used to describe when a marine animal forms a bed like structure that is greater than 5mx5m.
- BSL = Below sea level (water depth).
- Colonial = Several individual organisms (of the same species) living together in close association.
Monitoring:
- Datum = A known, fixed point.
- DDV = A drop down video system (DDV) is a marine survey equipment setup that is typically an underwater camera and lights on a robust sled/frame. DDV systems generally have a live stream of footage to the surface, built in depth sensors and lasers to provide a scale to estimate the field of view.
- Ebb and flood tide = Ebb is the tidal phase during which the water level is falling and flood the tidal phase during which the water level is rising.
- Eddies = An eddy is a circular current of water.
- Epiphyte = A small plant that grows attached to another plant.
- GIS = Geographic Information System (GIS) is a system designed to capture, store, manipulate, analyse, manage, and present all types of geographical data.
- GPS = Global Positioning System used to navigate and mark locations.
- Inshore water = Scotland’s inshore waters are the marine region within 12 nautical miles of the coast.
- Intertidal = The intertidal zone or “littoral zone” is the term used to describe the seashore which is covered during high tide and exposed during low tide.
- Marine life cover = The dominating marine community on the seabed or shoreline.
- MPA = Marine Protected Area
- Native range = A species range is the area where a particular species can normally be found during its lifetime.
- Non-native species = Species introduced or spread from one region to another outside their normal range.
- PMF = Priority Marine Feature. This is used in Scotland to describe features characteristic of the Scottish marine environment. The list of PMFs is used to focus conservation and they are given policy protection in the National Marine Plan.
- Polecam = A polecam is a video camera attached to a pole that can be deployed to record underwater.
- Quadrat = A defined area for scientific sampling, and the frame that is used to define this area.
- Random = Lack of pattern or predictability.
- ROV = Remotely Operated Vehicle is an unoccupied underwater robot that is connected to the surface by a cable.
- SCUBA = Self-Contained Underwater Breathing Apparatus.
- Sessile = Permanently attached to the substrate. Can only move by external forces (such as water currents).
- Slack water = A short period in a body of tidal water when the water is completely unstressed, and there is no movement either way in the tidal stream, which occurs before the direction of the tidal stream reverses.
- Species = A name of a living organism.
- Spring tide = A tide in which the difference between high and low tide is the greatest. This results in very low, low tides and very high, high tides.
- Substrate = The surface or material on or from which an organism lives (e.g. rock, cobbles or mud).
- Subtidal = The area of coast which is covered by water at low tide.
- Taxonomic hierarchy = Taxonomic hierarchy is the process of arranging various organisms into successive levels of the biological classification.
- Tether = The cable that connected an underwater camera to the surface, which transfers information or power.
- Animal bed = Used to describe when a marine animal forms a bed like structure that is greater than 5mx5m.
- Bathyscope = Underwater viewer that can be used from a boat or dry land, generally as a clear bottom viewing cone. It works by eliminating both water surface glare and internal reflection, thereby allowing underwater viewing as far as water clarity and light will permit.
- Boat draught = The vertical distance between the waterline and the bottom of the hull (keel).
- BSL = Below sea level (water depth).
- Colonial = Several individual organisms (of the same species) living together in close association.
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