Islands (Scotland) Bill 7 Part 5—Development in the Scottish island marine area P ART 5 D EVELOPMENT IN THE S COTTISH ISLAND MARINE AREA Key definitions 16 Meaning of “development activity” 5 (1) In this Part, “development activity” means— (a) construction, alteration or improvement works of any description (either in or over the sea, or on or under the seabed), (b) any form of dredging (whether or not involving the removal of any material from the sea or seabed). 10 (2) But the following are not development activities— (a) any activity relating to a matter which is a reserved matter by virtue of Section D2 (oil and gas) in Part II of schedule 5 of the Scotland Act 1998 and which is an activity outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974), 15 (b) any activity relating to a matter which is a reserved matter by virtue of paragraph 9 (defence) in Part 1 of that schedule, (c) any activity falling within the subject matter of Part 6 (pollution) of the Merchant Shipping Act 1995, (d) any activity involving the placing, assembly or operation of any equipment within 20 the Scottish island marine area for the purpose of fish farming (within the meaning given by section 26(6) of the Town and Country Planning (Scotland) Act 1997). 17 Meaning of “Scottish island marine area” In this Part, “Scottish island marine area” means such part of the Scottish marine area 25 (within the meaning of Part 1 of the Marine (Scotland) Act 2010) which is— (a) adjacent to an island, and (b) up to 12 nautical miles from that island, measured from the low water mark of the ordinary spring tide.