(1)The Scottish Ministers may by order provide that—
(a)section 26(6) does not apply as respects the placing or assembly of equipment for the purpose of fish farming in waters identified in the order (the “relevant waters”),
(b)section 26(6AA) does not apply as respects any material change in the use of equipment so placed or assembled for that purpose, and
(c)the operation of a marine fish farm in the relevant waters in the circumstances specified in section 26AA is not “development” for the purposes of this Act.
(2)An order under subsection (1) may be made only with the agreement of the planning authority (or planning authorities) for the relevant waters; and in this subsection the “planning authority” means the planning authority specified in an order under section 26(6D).]
Textual Amendments
F1S. 26AB inserted (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 63(3), 168(1) (with s. 162); S.S.I. 2011/58, art. 3(a)