Marine licensing and consenting: making a representation on an application

Consultation in relation to marine licensing

Marine licences

Marine licences are required for many activities in Scottish waters and notice of the application is usually placed in a newspaper circulating in the locality in which the proposed activity will take place. Notice of marine licence applications should state:

• that the application has been made, what it is for, together with a description of the location to which it relates
• where a copy of the application, and maps of areas it refers to, can be inspected by members of the public
• the date by which representations should be made as well as the address where these should be sent

The usual consultation period for a marine licence application is 28 days unless it is the subject of an Environmental Impact Assessment under certain Marine Works Environmental Impact Assessment legislation, where upon, the consultation time will be the same as the Environmental Impact Assessment Report (see below).

Pre-application consultation event

Prospective applicants for a marine licence for certain prescribed classes of activities carried on between 0-12nm must notify specified stakeholders and hold a pre-application consultation event. This provides the public with an opportunity to comment on a proposal before an application is made.

Information on the proposals and the pre-application consultation events must be published in a local newspaper at least six weeks before the event.

Comments should be made to the prospective applicant at pre-application events and not to MD-LOT. There is an opportunity for representations to be made when applications are received and information on the application is published. A pre-application consultation report must be submitted with an application that provides information on comments received at a pre-application event and a description of the applicants response to any comments. Further details can be found on the considerations before submitting an application page.

Publication of the Environmental Impact Assessment Report or Environmental Statement (Marine Works)

Where an application for a marine licence is for a project within the seaward limits of the territorial sea of the United Kingdom adjacent to Scotland (0-12nm from shore) which requires an Environmental Impact Assessment, the publication requirements of The Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017  apply. The applicant must publish a notice on a website, in The Edinburgh Gazette and in such newspaper as is likely to come to the attention of those likely to be affected by the proposed works.

Copies of the Environmental Impact Assessment Report must be made available to the public in the place described in the published notice.

Any persons wishing to make representations on the Environmental Impact Assessment Report, or the relevant marine licence application must do so within 30 calendar days from the last date on which the notice is published.

Where an application for a marine licence is for a project within the Scottish offshore area (12-200nm from shore) which requires an Environmental Impact Assessment, the publication requirements of The Marine Works (Environmental Impact Assessment) Regulations 2007 apply. The applicant will publish a notice in two successive weeks, in such newspapers as MD-LOT directs or in such other manner as we consider appropriate.

Copies of the Environmental Statement must be made available at either an office of MD-LOT or such other place, as referred to in the notification.

Any persons wishing to make representations on the Environmental Statement, or the relevant marine licence application must do so within 42 days beginning with the date of first publication of the notice.