Holyrood can veto projects threatening wildlife

Long-disputed plans to pump millions of tonnes of Russian crude oil between tankers in the Firth of Forth now appear doomed.

The Sunday Herald has discovered that a legal change to be put before the Scottish parliament this week will give ministers new powers to veto developments which threaten protected wildlife areas.

This will enable the new Scottish Nationalist Executive, backed by other political parties, to block the ship-to-ship oil plans. Expert advisers say that transferring the oil would pose a risk to designated nature conservation areas around the Forth.

The move has been welcomed by the Green Party and environmental groups. But it will be a major blow for the harbour company, Forth Ports, and the oil multinational, Skaugen PetroTrans, which stood to make millions of pounds from the oil transfers.

Plans to transfer oil from the Russian Baltic to ocean-going supertankers anchored four miles off the Fife coast first surfaced in 2005. But they were delayed by fierce opposition from councils and communities worried about the dangers of spillages.

Because of loopholes in the law, Scottish ministers had no say over the development. Instead, it has been left to Forth Ports, one of the scheme's original backers, to assess whether it is safe.

This week all that will change. Under a specially accelerated procedure, a statutory instrument giving ministers extra powers under the European Habitats Directive will be put before the Scottish parliament for affirmation.

The draft instrument, which was lodged in the parliament late on Friday, gives ministers effective control over any development that threatens wildlife areas designated under the directive.

The aim, it says, is to "provide new powers for Scottish ministers to call in a plan or project which they consider may have a significant effect on a protected site so as to ensure compliance with the Habitats Directive".

Ministers will be able to "issue directions" on how environmental threats should be assessed and suspend proposals which haven't been properly assessed. Their ability to protect the "overriding public interest" has also been strengthened.

The Firth of Forth contains three European nature conservation areas designed to protect wildlife. Two areas are valued for seabirds, including eider ducks, dunlins and terns, while the Isle of May has a grey seal colony.

The potential impact of ship-to-ship oil transfers on these areas is currently being assessed by Forth Ports, which has promised further consultations. But the Executive's wildlife agency, Scottish Natural Heritage, has expressed serious concerns about the risks.

According to the Scottish Green Party, the new statutory instrument is based on the suggestion it put forward during power negotiations with the SNP after the election. "I am delighted that the government has agreed with us," said the Green MSP Robin Harper.

"The Forth marine environment is of world heritage significance. It is vital to the local economy and developments must be subject to proper scrutiny."

Harper complimented the SNP administration for acting quickly. "It is a pity that the previous LibDem and Labour Executive did not address this over the last two years," he added.

"There remains a great deal of work to do. But this is a first step to ending the perceived conflict of interest and threat to the environment which has been rightly named the Farce of the Forth."

The RSPB was similarly upbeat. "We are delighted that action is being taken now to ensure effective and accountable decision-making in relation to important wildlife areas, and hope that the proposal will receive cross-party support," said RSPB Scotland's director, Stuart Housden.

The statutory instrument should plug gaps in the protection of wildlife areas, he argued. "One such gap arose when former state enterprises, such as ports, were privatised but retained their regulatory roles without any provision for ministerial oversight."

Housden also called on the Executive to progress plans for a new marine bill for Scotland, announced last week. "We hope such a bill will introduce a more comprehensive system of planning and conservation for our seas which, in the long term, would manage issues such as oil transfers in a more strategic manner."

An Executive spokeswoman said: "Ministers look forward to making an announcement on this issue this week."