C1Part 4Marine licensing
Power by order to provide marine fish farming is not “development”
I163Power by order to provide marine fish farming is not “development”
1
The Town and Country Planning (Scotland) Act 1997 (c.8) is amended as follows.
2
In section 26(1)
(meaning of “development”), after “section” where it first occurs insert “
and to section 26AB
”
.
3
After section 26AA, insert—
26ABPower by order to provide marine fish farming is not “development”
1
The Scottish Ministers may by order provide that—
a
section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),
b
section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and
c
the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.
2
An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).
4
In section 275 (regulations and orders)—
a
in subsection (4), after “26(2)(f), (6A) and (6C),” insert “
26AB(1),
”
,
b
in subsection (5A), after “26(6A) or (6C)” insert “
or 26AB(1)
”
.
Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.