The Public Petitions Committee of the Scottish Parliament sat recently and as we reported on oil leaks they agreed to write to the Scottish Government (again). SEPA, SNH, MCA and the Scottish Government all responded to our petition. We were then allowed to respond to these organisations – now our response to the MCA
RESPONSE TO SUBMISSION FROM MARITIME AND COASTGUARD AGENCY (PE1637/C)
While the MCA appears to have taken the latest CFPA application seriously due to public pressure and threat of legal action, it appears not to have treated the previous CFPA application with the same level of attention to legal requirements, including those of the STS Regulations.
Cromarty Rising supports the use of the existing STS facilities at Nigg, for which CFPA already has a licence under the STS Regulations, in preference to the Moray Firth proposal. However, it is clear that that licence was granted in breach of the Regulations, and potentially in breach of Article 6 of the Habitats Directive too, after MCA decided – without seeking SNH’s advice as the Regulations require (SNH have confirmed this) – that no appropriate assessment was needed because, in the opinion of the MCA, there was unlikely to be a significant effect on any SAC or SPA – despite the fact that Nigg jetty is only just outside the boundary of the Inner Moray Firth SAC.
Although it is too late for a legal challenge to the Nigg licence, the STS regulations require that “where an oil transfer licence has effect, and the harbour authority … becomes aware of circumstances which render the information provided in the application inaccurate to what is or may be a material extent, the harbour authority must apply to the Secretary of State for an amended oil transfer licence”.
We seek the Committee’s support in ensuring that, if CFPA decides to resume STS activities at Nigg, the MCA will require CFPA to apply for an amended oil transfer licence, then seek SNH’s advice about the potential impacts on the bottlenose dolphin population for which the SAC was designated, and how to prevent or mitigate them.
