2013 No. 277
The Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 31A(8) of the Town and Country Planning (Scotland) Act 19971 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 2013 and come into force on 8th November 2013.
2
In these Regulations—
“Act” means the Town and Country Planning (Scotland) Act 1997;
“marine fish farm” means a fish farm situated in marine waters for the breeding, rearing or keeping of fish or shellfish involving the use of such equipment as is referred to in section 26AA(1)(b) of the Act2;
“marine planning zone” has the same meaning as in the Town and Country Planning (Marine Fish Farming) (Scotland) Order 20073;
“marine waters” means the waters described in paragraph (b) or (c) of subsection (6) of section 26 of the Act;
“pre-1999 marine fish farm” means a marine fish farm the operation of which is permitted by an authorisation granted pursuant to an application for such authorisation made before 14th March 1999; and
“shellfish” includes any kind of sea urchin, crustacean or mollusc.
Application for planning permission2
An application for planning permission for the operation of a marine fish farm must—
a
give the name and address of the applicant;
b
describe the equipment involved in the operation of the marine fish farm to which it relates; and
c
contain a plan or other description sufficient to identify the location of the marine fish farm to which it relates.
Consultation3
Where the Scottish Ministers receive an application for planning permission for the operation of a pre-1999 marine fish farm for the breeding, rearing or keeping of fish other than shellfish they must, before granting planning permission, consult with the following bodies—
a
the planning authority for the marine planning zone in which the marine fish farm is situated;
b
where the operation of the marine fish farm is likely to affect marine waters in another marine planning zone, the planning authority for that marine planning zone;
c
Scottish National Heritage; and
d
the Scottish Environmental Protection Agency.
Additional information4
The Scottish Ministers may, in the course of their consideration of an application for planning permission for the operation of a marine fish farm, in addition to the information to be provided in accordance with regulation 2, require from the applicant particulars, documents, materials or evidence which they consider they require to enable them to deal with the application.
Revocation5
The following Regulations are revoked—
a
the Town and Country Planning (Marine Fish Farming) (Scotland) Regulations 20074;
b
the Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Regulations 20115; and
c
the Town and Country Planning (Marine Fish Farming) (Scotland) Amendment Regulations 20126.
(This note is not part of the Regulations)