The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations 1999

Orkney and Shetland: appeals against decision on works licence

13.—(1) This regulation applies where an appeal is made to the Secretary of State under section 13 of the Zetland County Council Act 1974, or section 13 of the Orkney County Council Act 1974, against a decision which relates to an application for a development to which the prohibition in regulation 3 applies.

(2) The Secretary of State shall not dispose of any such appeal by confirming a decision of the Council concerned to grant the licence unless he has taken into consideration the environmental information in respect of the proposed development and states in his decision that he has done so.

(3) For the purposes of any such appeal, regulation 10 shall apply with the following modifications–

(a) for any reference to “the relevant authority” there is substituted “the Secretary of State”;

(b) any reference to “the applicant” means the person who submitted the application to the Council for a licence; and

(c) any reference to the “application” means the appeal relating to that application.

(4) The Secretary of State shall intimate his decision on the appeal to the Council and to the appellant.

(5) Regulation 11 shall apply to the Council in relation to the decision of the Secretary of State on any such appeal as it applies to a decision by them on an application to which the prohibition in regulation 3 applies.