Section 25 – Exception from requirement for licence
75.This section makes saving provision in respect of the licensing scheme to be established by regulations under section 24. It provides that the licensing scheme does not apply to a person carrying out a development activity in an area designated under the regulations as an “island licensing area”, if before the relevant designation was made:
the person was already carrying out a development activity;
the person has a lease or an agreement to lease in order to carry out a development activity – in practice this would usually be granted by a Crown Estate body;
the person has commenced the pre-application consultation for a marine licence required under sections 22 to 24 of the 2010 Act;
the person has made an application for – or already been granted – a marine licence under Part 4 of the 2010 Act;
the person has made an application for – or already been granted – a works licence under the Orkney County Council Act 1974 or the Zetland County Council Act 1974.