Oil Leak 62 Ballast Water questions?

The other day we did a search of written questions and answers in the Scottish Parliament, just to have a look and see what had been asked.  We came across this which is quite interesting – we think that this question must have been in preparation for Scapa STS when Orkney Islands Council changed their ballast water management policy to accommodate their STS application. The answer clearly shows that SEPA had concerns and SNH didn’t think the case had been made that there would not be an impact on the integrity of the Loch of Steness SAC:
“SNH have expressed the view that, in the absence of evidence to the contrary, at this time it cannot be ascertained beyond reasonable scientific doubt that the Ballast Water Management Policy for Scapa Flow will not potentially affect the integrity of this Special Area of Conservation.”
If this is the case and this wasn’t resolved then this would be in breach of the Habitats Directive. This is not our fight, but it it does show a clear precedent for ballast water concerns potentially impacting a SAC. If any of you want to look into this further then SNH would be the first port of call to ask them if there concerns were ever resolved.
Question S4W-21881: Liam McArthur, Orkney Islands, Scottish Liberal Democrats, Date Lodged: 23/06/2014

To ask the Scottish Government what advice the Minister for Environment and Climate Change has received from (a) the Scottish Environment Protection Agency and (b) Scottish Natural Heritage regarding Orkney Islands Council’s recently adopted changes to the management of ballast water in Scapa Flow.

Answered by Paul Wheelhouse (16/07/2014): The Scottish Government maintains contact with Scottish Natural Heritage (SNH) and the Scottish Environment Protection Agency (SEPA) on Orkney Islands Council’s revised Ballast Water Management Policy.SEPA has a duty under the Water Framework Directive to protect the quality of water bodies and avoid any deterioration in status including that which may arise through the introduction of invasive non-native species. The Scottish Government is aware that SEPA continues to have concerns with respect to the Council’s Ballast WaterManagement Policy and that SEPA has advised Orkney Islands Council through the Strategic Environmental Assessment consultation process that, in SEPA’s judgement, the proposed policy change does not offer acceptable protection to Scapa Flow.

SNH have informed the Scottish Government that they continue to have concerns about the potential for impacts on the Loch of Stenness Special Area of Conservation arising from approval of the revised Ballast WaterManagement Policy. SNH have expressed the view that, in the absence of evidence to the contrary, at this time it cannot be ascertained beyond reasonable scientific doubt that the Ballast Water Management Policy for Scapa Flow will not potentially affect the integrity of this Special Area of Conservation. SNH have determined that the appropriate assessment undertaken by OIC has utilised an acceptable methodology and procedure.

Current Status: Answered by Paul Wheelhouse on 16/07/2014