Introduction 
The Scottish coastline offers a huge wave and tidal energy resource with the potential to generate far more electricity than we currently need from wave and tidal energy sources. Some of the best resources are located off the northern and western coastlines and island areas with the world's first grid connected wave energy device producing power on the shoreline at Islay.
Scotland's abundant offshore wind resource also offers potential for offshore wind development; one proposal is already being developed in the Solway Firth and a deep water demonstrator project is operating in the Moray Firth part funded by the Scottish Government.
The Scottish Government believes that wave and tidal energy will make a very important contribution towards meeting our future demand for electricity; that is why we have helped fund the construction of the European Marine Energy Centre, on Orkney a world class facility for the development, testing and accreditation of marine energy generation and delivery systems.
Developers proposing the construction, extension or operation of a marine based generating station within Scottish territorial waters or the Scottish Renewable Energy Zone (REZ) will require Scottish Ministers consent under section 36 of the Electricity Act 1989; some offshore installations, for example those used solely for supplying power for use offshore, are subject to exemption.
Developers considering any marine development are subject to a number of legislative and other regulatory requirements including the Food and Environment Protection Act 1985 (FEPA) and the Coastal Protections Act 1949 (CPA). To simplify the process for applicants The Scottish Governments Energy Consents Unit (ECU) has entered into an agreement with the Scottish FEPA and CPA regulatory authorities enabling applicants to access a single point of application (hyperlink) and initial inquiry for Section 36, FEPA and CPA applications.
The Crown Estate owns virtually the entire seabed out to the 12 nautical mile territorial limit, including the rights to explore and utilise the natural resources of the UK continental shelf. The Energy Act 2004 also vested rights to The Crown Estate to license the generation of renewable energy and grant leases for devlopment sites on the continental shelf within the REZ out to 200nm.
The ECU welcomes early inquiries from applicants to discuss potential renewable energy developments and encourages early dialogue with stakeholders. Should you wish to discuss a potential development or any other aspect of the offshore renewable consenting process please get in touch with us.