Hansard

I first wish to set out that we committed to clarifying the consenting processes for aquaculture development between 3 and 12 nautical miles, as a key deliverable in our programme for government and as part of our vision for sustainable aquaculture. Legislative changes are being introduced to ensure that the best regulatory arrangements are implemented, which includes identifying those who are best placed to lead.

Last year, we consulted on two Scottish statutory instruments, and the one that is now before us is interdependent with another. The first of those instruments is the Environmental Authorisations (Scotland) Amendment Regulations 2026, which the Rural Affairs and Islands Committee discussed and agreed to last week. It makes SEPA the responsible authority for the regulation of fish farm environmental discharges.

The second statutory instrument, the draft Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026, which the Rural Affairs and Islands Committee also debated and approved last week, extends an existing exemption to marine licence requirements for fish farm environmental discharges from 0 to 3 nautical miles to 0 to 12 nautical miles.

It also extends and clarifies the application of an existing exemption for the deposit of fish and shellfish farm equipment, strengthening the prerequisite requirements for its use.

Taken together, those SSIs provide a consistent consenting framework for Scotland’s inshore marine area and identify SEPA, Scotland’s independent environmental regulator, as the lead regulator for fish farm discharges between 0 and 12 nautical miles.

I highlight the interdependent nature of this SSI and the former one. If this order is not approved, there will be a dual regulation and dual license requirements between 3 and 12 nautical miles, which will lead to confusion and a cumbersome consenting system. Further, minor amendments to clarify and strengthen the existing marine licence equipment deposit exemption, which are supported by the vast majority of consultation respondents, would not be introduced.

I will touch on the points that Ariane Burgess raised in relation to the resource requirements and pressures that could be put on SEPA. There has been consultation with SEPA, it has engaged with the process and it is content with the proposals because they relate to work that it deals with at the moment. SEPA has the ability to recover costs for any charges that it puts in place. As I outlined at committee, if the SSI were not agreed today, there would be the opposite situation: there would be more resource pressure on the Scottish Government marine directorate and on SEPA, because we would still have to consult SEPA on any licence applications but SEPA would not be able to recover the costs for it.

SEPA is in agreement about the SSI. We believe that it has the resources in place to deal with it. There are no applications in place at the moment and we do not believe that there will be a massive deluge, should the SSIs be agreed to. I urge members to approve the Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2026.