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.