1. The Guidance provides a view from the Scottish Government on, amongst other matters, the legislative context of the subject matter. It is for the courts to interpret and to apply the law. We have made every effort to ensure the accuracy of the information contained in this document at the time of publication. You should check for any changes in the law and for fuller details you should refer to the current legislation. You are advised to obtain independent legal advice in relation to your rights and responsibilities under the legislation covered by this Guidance.
2. The Electricity Act 1989 (Requirement of Consent for Offshore Generating Stations) (Scotland) Order 2002 modifies Section 36 (2) of the 1989 Act in this respect.
3. OSPAR Recommendation 2010/5 on the assessment of environmental impacts on threatened and/or declining species
4. Under the 2007 Marine Works Regulations JNCC would be consulted on non-renewable applications outside 12 nm.