http://www.legislation.gov.uk/id/asp/2018/12

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.