- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 19 April 2006
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Current Status:
Answered by Tavish Scott on 2 May 2006
To ask the Scottish Executive whether any aspect of proposed ship-to-ship transfers of oil in the Firth of Forth constitutes works within a harbour area which may obstruct or endanger navigation, listed in Schedule 5 of the Scotland Act 1998 as an exception from the reservation in respect of marine transport matters.
Answer
As a general rule, works whichmay cause or are likely to result in an obstruction or danger to navigation, requireto be assessed under the terms of Section 34 of the Coast Protection Act 1949, whichis devolved. However, decisions in relation to the regulation of ship-to-ship transfersare a matter reserved to the UK Government. It would then fall to the port authorityto regulate any specific oil transfer operations in its area.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Wednesday, 19 April 2006
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Current Status:
Answered by Rhona Brankin on 2 May 2006
To ask the Scottish Executive whether any aspect of the proposed ship-to-ship oil transfers in the Firth of Forth constitutes surface storage of fossil fuels.
Answer
No.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Monday, 27 March 2006
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Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive by what process regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended, is applied to assess the implications for European wildlife sites of ship-to-ship transfers of oil and other chemicals in (a) harbour authority areas in Scotland, (b) other inshore waters and (c) offshore waters and whether this process meets the requirements of the EU Habitats Directive.
Answer
The merchant shipping legislationrelating to ship to ship transfers of oil and other chemicals is not specificallycovered by Part IV of the Conservation (Natural Habitats & c.) Regulations 1994and as such Regulation 48 and 49 of the Conservation (Natural Habitats & c.)Regulations 1994 do not apply as a matter of law to such proposals. However, Regulation3(4) of the Conservation (Natural Habitats & c.) Regulations 1994 requires everycompetent authority in the exercise of their functions, to have regard to the requirementsof the Habitats Directive so far as they may be affected by the exercise of thosefunctions. Regulation 48 and 49 transpose the requirements of Article 6(3) and 6(4)into domestic law.
Where a European Protected species(EPS) is present and the project is likely to cause any effects which would constitutean offence under Regulations 39 or 43, the promoter of the project requires a licenceunder Regulation 44, which will only be granted if the three tests in that Regulationare met. These tests apply whether the EPS is within or outside a European site.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Monday, 27 March 2006
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Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive how the authorities in Scotland exercise their responsibilities under the EU Habitats Directive in respect of (a) the assessment of a plan or project likely to have an effect on a European wildlife site, (b) the consideration of alternative solutions and of imperative reasons of over-riding public interest in the case of a plan or project assessed as likely to have a adverse impact on the integrity of a European wildlife site and (c) European protected species, in the absence of a national consenting regime for such plans or projects.
Answer
I refer the member to the answer to question S2W 24710 on 26 April 2006. All answers to written parliamentaryquestions are available on the Parliament’s website, the search facility for whichcan be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Monday, 27 March 2006
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Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive by what process regulation 49 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended, is applied in harbour authority areas in Scotland in respect of ship-to-ship transfers of oil and other chemicals which are likely to have an adverse effect on the integrity of a European wildlife site and whether this process meets the requirements of the EU Habitats Directive.
Answer
I refer the member to the answer to question S2W 24710 on 26 April 2006. All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Monday, 27 March 2006
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Current Status:
Answered by Rhona Brankin on 26 April 2006
To ask the Scottish Executive how the authorities in Scotland exercise their responsibilities under the EU Habitats Directive in respect of (a) the assessment of plans or projects likely to have an effect on European wildlife sites and (b) the consideration of alternative solutions and of imperative reasons of over-riding public interest relating to plans or projects assessed as likely to have an adverse impact on the integrity of European wildlife sites, in instances when a plan or project is of a type not specified by regulations 53A to 85 of the Conservation (Natural Habitats, &c.) Regulations 1994, as amended.
Answer
I refer the member to the answer to question S2W 24710 on 26 April 2006. All answers to writtenparliamentary questions are available on the Parliament’s website, the search facilityfor which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 16 March 2006
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Current Status:
Answered by Rhona Brankin on 30 March 2006
To ask the Scottish Executive what the current estimate is for the total cost of completing the eradication of hedgehogs from the Uists and Benbecula.
Answer
These are matters which are withinthe operational responsibility of Scottish Natural Heritage. I have therefore askedthe Chief Executive of Scottish Natural Heritage to write to you and for a copyof his reply to be placed in the Scottish Parliament Information Centre (Bib.number 39287).
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 16 March 2006
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Current Status:
Answered by Rhona Brankin on 29 March 2006
To ask the Scottish Executive how many hedgehogs the Uist Wader Project estimates remain on each island.
Answer
These are matters which arewithin the operational responsibility of Scottish Natural Heritage. I havetherefore asked the Chief Executive of Scottish Natural Heritage to write toyou and for a copy of his reply to be placed in the Scottish ParliamentInformation Centre (Bib. numbers 39287).
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 16 March 2006
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Current Status:
Answered by Rhona Brankin on 29 March 2006
To ask the Scottish Executive how many hedgehogs have been killed under the Uist Wader Project in (a) total and (b) each year since 2000, broken down by island.
Answer
These are matters which arewithin the operational responsibility of Scottish Natural Heritage. I havetherefore asked the Chief Executive of Scottish Natural Heritage to write toyou and for a copy of his reply to be placed in the Scottish ParliamentInformation Centre (Bib. number 39287).
- Asked by: Mark Ruskell, MSP for Mid Scotland and Fife, Scottish Green Party
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Date lodged: Thursday, 16 March 2006
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Current Status:
Answered by Rhona Brankin on 29 March 2006
To ask the Scottish Executive what funding will be provided for scientific research to investigate Scottish Natural Heritage’s concerns about the animal welfare consequences of relocating hedgehogs from the Uists.
Answer
This is a matter for ScottishNational Heritage (SNH). In taking forward their work on the Uist Wader Project,SNH have made it clear that they attach a very high priority to identifying methodswhich scientific evidence has demonstrated to be the most humane.
