Part 6Development in the Scottish Island Marine Area

Licensing of development activities

25Exception from requirement for licence

1

A scheme established under section 24(1) does not apply to a person if—

a

the person is carrying on a development activity in an island licensing area, and

b

any of the conditions in subsection (2) applies.

2

The conditions are—

a

the development activity commenced before the area was designated as an island licensing area,

b

the development activity is in a part of the island licensing area for which a person has a lease, or an agreement to lease, entered into before the area was designated as an island licensing area,

c

the person, before the area was designated as an island licensing area—

i

commenced the pre-application consultation as required under sections 22 to 24 of the Marine (Scotland) Act 2010 for the development activity,

ii

made an application for, or was granted, a marine licence under Part 4 of that Act for the development activity, or

d

the person, before the area was designated as an island licensing area, applied for, or was granted, a works licence under the Orkney County Council Act 1974 or the Zetland County Council Act 1974 for the development activity.