1. These Regulations may be cited as the Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Regulations 2011 and come into force on 1st April 2011.
2.—(1) The Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2007(1) are amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation)—
(a)in the definition of “marine fish farm” for “, other than shellfish,” substitute “or shellfish”; and
(b)after the definition of “marine waters” insert—
““pre-1999 marine fish farm” means a marine fish farm referred to in regulation 2(2)(a); and
“shellfish” includes any kind of sea urchin, crustacean or mollusc.”.
(3) For regulation 2(2) (requirement for an application for planning permission) substitute—
“(2) Subject to paragraph (3), paragraph (1) applies in respect of a marine fish farm where—
(a)the operation of that marine fish farm on 1st April 2007 was permitted by an authorisation granted pursuant to an application for such authorisation made before 14th March 1999; or
(b)the operation of that marine fish farm on 1st April 2011 is permitted by an authorisation granted pursuant to an application for such authorisation made after 14th March 1999.
(3) Paragraph (1) does not apply in respect of a marine fish farm if planning permission is granted for the operation of that marine fish farm by the Town and Country Planning (Marine Fish Farms Permitted Development) (Scotland) Order 2011(2).”.
(4) In regulation 3(c) (application for planning permission) after “plan” insert “or other description”.
(5) In regulation 4 (consultation) for “a marine fish farm” substitute “a pre-1999 marine fish farm for the breeding, rearing or keeping of fish other than shellfish”.
KEITH BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st February 2011