Marine licensing and consenting: making a representation on an application

Introduction

Certain applications require public consultation, for example, by publishing a notice of application in a newspaper. The Marine Directorate Information website is also used to publicise applications.

Representations

Any representation to MD-LOT regarding an application should identify the application to which the representation relates and specify the grounds for representation. Representations should be made to MD-LOT using the contact details below.

MD-LOT must have regard to representations which it receives from any person having an interest in the outcome of an application. All representations made will be provided to the applicant.

Representations should not be made in advance of an application being consulted upon. Representations should be made during the publicised consultation period.

Representations in respect of Environmental Impact Assessment projects are published on the Marine Directorate Information website.

Publication requirements

There are consultation and/or publication requirements for:

• consent under section 36 of the Electricity Act 1989 to construct, operate or extend an offshore generating station
• a marine licence under section 20 of the Marine (Scotland) Act 2010
• a marine licence under section 65 of the Marine Coastal Access Act 2009
• environmental impact assessment
• additional information in relation to environmental impact assessment projects

Where the following are sought by an applicant for a section 36 consent, they are normally publicised alongside the application for section 36 consent:

• a declaration in respect of rights of navigation under section 36A of the Electricity Act 1989
• deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997.

Most applications for marine licences and section 36 consents are made available on the Marine Directorate information website. Consultation takes place on the applications and supporting information (such as an Environmental Impact Assessment Report) in line with regulatory requirements and the applications and reports are brought to the attention of the public.