C1C2Part 1Protection of the water environment

Annotations:
Modifications etc. (not altering text)

Chapter 3Measures for protection of the water environment

24Planning permission: fish farming

I1I21

The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.

I1I22

In section 26 (meaning of “development”)—

a

in subsection (6)—

i

for “tank” in the first and second places where it occurs substitute “ equipment ”,

ii

after “waters” in the first place where it occurs insert “ , transitional water or coastal water ”,

iii

before the definition of “fish farming” insert—

“coastal water” has the meaning given by section 3(8) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);

“equipment” includes any tank, cage or other structure, or long-line, for use in fish farming;

iv

the definition of “tank” is repealed,

v

at the end insert—

“transitional water” has the meaning given by section 3(7) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3);

b

after subsection (6) insert—

6A

The Scottish Ministers may by order made by statutory instrument make such modifications as they consider necessary or expedient to the definitions of “equipment” and “fish farming” in subsection (6); and an order under this subsection may make different provision for different purposes and different areas.

6B

In subsection (6A), “modifications” includes amendments and repeals.

I1I23

In section 40 (assessment of environmental effects), after subsection (3) insert—

4

Without prejudice to subsection (1), before planning permission is granted by a planning authority in respect of anything which is development by virtue of section 26(6), the authority must consider the effect of the proposed development on the water environment.

5

In subsection (4), “water environment” has the same meaning as in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).

I1I24

In section 275 (regulations and orders)—

a

in subsection (4), after “26(2)(f)” insert “ and (6A) ”,

b

after subsection (5) insert—

5A

No order made under section 26(6A) is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.

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