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Fall of Warness Section 36 variation public notice

Fall of Warness Section 36 variation public notice

Published: 31 October 2022



Notice is hereby given that the European Marine Energy Centre Limited, registered under company registration SC249331 at The Charles Clouston Building, O.R.I.C., Back Road, Stromness, Orkney, KW16 3AW, has applied to the Scottish Ministers to vary the consent granted under section 36 of the Electricity Act 1989 on 22 March 2016 to construct and operate offshore generating station known as the European Marine Energy Centre Fall of Warness Tidal Test Site.

The application made under section 36C of the Electricity Act 1989, seeks to vary the section 36 consent by extending its validity for a further 3 years until the 22 March 2026.
The variation application and supporting information are available for inspection, free of charge, during normal office hours at:

The Charles Clouston Building,
Orkney KW16 3AW

The variation application and supporting information is available for review on the following websites:


Any representations should be made in writing by email to: MS.MarineRenewables@gov.scot or by post to The Scottish Government, Marine Scotland Licensing Operations Team, Marine Laboratory, 375 Victoria Road, Aberdeen, AB11 9DB, identifying the proposal and specifying grounds for objection or support, not later than 15 December 2022, although the Scottish Ministers may consider representations received after this date. Representations should be dated and should clearly state the name (in block capitals) and the full return email or postal address of those making representation. Where the Scottish Ministers decide to exercise their discretion to do so the Scottish Ministers shall cause a Public Local Inquiry (PLI) to be held.

Following receipt of all views and representations, the Scottish Ministers will determine the application for consent in one of two ways:

•Consent to the variation application, with or without conditions attached; or
•Reject the variation application.

Fair Processing Notice

The Scottish Government’s Marine Scotland – Licensing Operations Team (“MS-LOT”) determine section 36 consents under The Electricity Act 1989. During the consultation process any person having an interest in the outcome of the application may make a representation to MS-LOT. The representation may contain personal information, for example a name or address. This representation will only be used for the purpose of determining an application and will be stored securely in the Scottish Government’s official corporate record. Representations will be shared with the applicant and/or agent acting on behalf of the applicant, any people or organisations that we consult in relation to the application, the Directorate of Planning and Environmental Appeals should the Scottish Ministers call a PLI and, where necessary, be published online, however personal information will be removed before sharing or publishing.

A full privacy notice can be found at: https://www.gov.scot/publications/marine-licensing-and-consenting-privacy-notice/

If you are unable to access this, or you have any queries or concerns about how your personal information will be handled, contact MS-LOT at: MS.MarineRenewables@gov.scot or Marine Scotland - Licensing Operations Team, Marine Laboratory, 375 Victoria Road, Aberdeen, AB11 9DB.