Citation, commencement and application
1.—(1) These Regulations may be cited as the Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999 and shall come into force on 14th March 1999.
(2) These Regulations apply in any case where a person makes or is minded to make any application specified in paragraph (3) on or after 14th March 1999, and where–
(a)any part of the proposed development is to be carried out in a sensitive area, or
(b)the proposed development is designed to hold a biomass of 100 tonnes or greater, or
(c)the proposed development will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
(3) The following applications are specified for the purposes of paragraph (2)–
(a)an application to the Crown Estate Commissioners for consent for fish farming in marine waters, other than in the waters described in sub-paragraphs (b) and (c);
(b)an application to Shetland Islands Council for a licence under section 11 of the Zetland County Council Act 1974(1) as regards fish farming within the coastal area defined in that Act;
(c)an application to Orkney Islands Council for a licence under section 11 of the Orkney County Council Act 1974(2) as regards fish farming within a harbour area defined in that Act.
1974 c.viii; see section 3(1) for the definition of “coastal area”.
1974 c.xxx; see section 3(1) for the definition of “harbour area”.