Development Procedures
The Crown Estate Lease
Where the foreshore/seabed is owned by The Crown Estate an operator must apply for a lease for the right to occupy the site.
Planning Permission
In April 2007 Statutory planning controls were extended to marine fish farming, replacing the previous ' Interim Scheme' and ' Works Licences' (Shetland and Orkney). Applications for new or modifications to existing marine fish farms are now made to the relevant planning authority. Following receipt of an application wide consultation will take place before the planning authority makes a decision on whether or not to grant planning permission. The Environmental Impact Assessment Regulations will be applied where appropriate.
Environmental Impact Assessment Regulations
The Environmental Impact Assessment (Scotland) Regulations 1999 (SSI 1999/1) as amended implement the Council Directives ( 85/337/EEC and 97/11/EC) on the assessment of the effects of certain public and private projects on the environment. Under the 1999 Regulations as amended, an EIA, an assessment of the impact of the project on the environment, must be undertaken where any proposed development is to be carried out in a sensitive area, designed to hold a biomass of 100 tonnes or greater or will extend to 0.1 hectare or more of the surface area of the marine waters, including any proposed structures or excavations.
Under the 1999 Regulations as amended, the Scottish Government is a statutory consultee along with SEPA, SNH, the water and sewerage authority or authorities for the area in which the development is to take place, any adjoining planning authority where the development is likely to affect land in their area and any district salmon fishery board in whose area the proposed development is to be situated.
Habitats Directive
The Habitats Directive aims to contribute to the conservation of biodiversity by requiring Member States to take measures designed to maintain or restore certain natural habitats and wild species at a favourable conservation status in the Community, giving effect to both site and species protection objectives.
The Habitats Regulations place a statutory duty on planning authorities and other competent authorities to meet the requirements of the Habitats Directive. The Regulations require that, where an authority concludes that a development proposal unconnected with the nature conservation management of a Natura 2000 site is likely to have a significant effect on that site, it must undertake an appropriate assessment of the implications for the conservation interests for which the area has been designated.
Discharge Consent
The Scottish Environment Protection Agency ( SEPA) ensures that under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR) the aquatic environment is properly regulated and protected. The CAR system places limits upon the rate or scale of discharges from premises operations such that the environment outwith the immediate vicinity of the discharge is not significantly impacted.
In determining licence applications for marine cage fish farms, SEPA sets limits upon the scale and rate of discharges from fish farm sites such that the effluent arising is assimilated and broken down by natural processes as it is discharged ensuring no lasting impacts or lasting accumulation of pollutants.
The aim of the licensing system for fish farms is to ensure adequate protection of the water column seabed and wider ecosystem of the waters in which such farms are situated.
Registration of Fish Farms
Under the Registration of Fish Farming and Shellfish Farming Businesses Order 1985, made in accordance with Section 7 of the Diseases of Fish Act 1937 (as amended), all fish farming and shellfish farming businesses are required to register with Fisheries Research Services ( FRS - who maintain the Fish and Shellfish Business Register on behalf of Scottish Ministers) for fish health purposes, to help maintain and improve the fish health status of Scottish Waters.
Coastal Protection Act 1949
Section 34 of the Act provides that, where obstruction or danger to navigation is caused or is likely to result, the prior written consent of the Scottish Ministers is required for the construction, alteration or improvement of any works, the deposit of any object or materials or the removal of any object or materials below the level of Mean High Water Springs. The purpose of control under Section 34 is solely concerned with the safety of navigation.
Related Information
The following documents, guidance and website offer further information in relation to planning for fish farming: