Scottish Government

Where obstruction or danger to navigation is caused or is likely to result from the development of a new fish farm, a Marine Licence 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.

You will also require a Marine Licence if you wish to discharge from a wellboat.

Where an authority concludes that a development proposal unconnected is likely to have a significant effect on a site, it must undertake an appropriate assessment of the implications for the conservation interests for which the area has been designated.

For further information, visit the Scottish Government Planning pages.

Related Legislation:

• Habitats Directive
• Habitats Regulations

Aquaculture Production Businesses (APBs) must be authorised with Marine Scotland, prior to commencement of farming activities.

Certain processing establishments (APEs) (those processing aquaculture animals slaughtered for disease control purposes) are also required to be authorised prior to processing such animals.

A public register of authorised APBs & APEs is available for viewing.

An operator must apply for a lease for the right to occupy the site where the foreshore/seabed is owned by The Crown Estate.

The Crown Estate's role is to benefit the taxpayer by paying any income is earns from its assets (lands, tenancies, etc) directly to the Treasury and to improve the value of its estate and the income it generates.

Applications for new or modifications to existing marine fish farms are 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.

For further information, visit the Scottish Government Planning pages.

In determining licence applications for marine cage fish farms, the Scottish Environment Protection Agency (SEPA) sets limits upon the scale and rate of discharges from fish farm sites. It requires any effluent to be assimilated and broken down by natural processes, ensuring no lasting impacts or lasting accumulation of pollutants.

Related legislation:

• Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR)

Please note: Each application is considered on its merits and in the context of existing development. All applications should be supported by sufficient information to enable the regulatory authorities and their consultees to assess the likely effects.