Consultation: EMEC Fall of Warness Section 36 extension
EMEC 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 the 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 two years until the 22 March 2028.
The variation application and supporting information are available for inspection, free of charge:
- In the download section below;
- During normal office hours at The Charles Clouston Building ORIC, Back Rd, Stromness, KW16 3AW (09:00-17:00);
- Online at Marine.gov.scot | Application – Section 36 Consent Variation – Fall of Warness Tidal Test Site, EMEC
Any representations should identify the proposal and specifying grounds for objection or support in writing to:
- Email: MD.MarineRenewables@gov.scot; or
- Post: Marine Directorate – Licensing Operations Team, Scottish Government, 375 Victoria Road, Aberdeen, AB11 9DB.
Representations should be made no later than 20 November 2025, 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.
Subsequent submission by the companies detailed above of additional information to the Scottish Ministers will be publicised in a similar manner to the current variation application. Representations relative to additional information should be made on the same basis as detailed above.
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
MD-LOT determines applications for marine licences under the Marine (Scotland) Act 2010, the Marine and Coastal Act 2009 and 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 MD-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://www2.gov.scot/Topics/marine/Licensing/marine/PrivacyNotice. If you are unable to access this, or you have any queries or concerns about how your personal information will be handled, contact MD-LOT at: ms.marinerenewables@gov.scot or Marine Directorate – Licensing Operations Team, Scottish Government, 375 Victoria Road, Aberdeen, AB11 9DB.
