Marine environment: licensing and consenting requirements

Introduction

There are a number of different licensing and consenting requirements within the marine environment. This page provides information on the requirements administered by MD-LOT on behalf of Scottish Ministers.

Marine licensing

Certain activities in Scotland’s seas require a marine licence before they can be carried out. Marine licensing is an important way of permitting activity whilst protecting the environment, human health and legitimate uses of the sea.

• Marine licensing: overview

Offshore renewable energy

Guidance on licensing and consenting requirements for offshore renewable energy.

• Marine licensing and consenting: offshore renewable energy projects

Section 36 consent

Any proposal to construct, extend or operate a generating station with a generation capacity in excess of 1 megawatts (MW) situated in the Scottish territorial sea (out to 12 nautical miles (nm) from the shore), or with a generating capacity in excess of 50 MW in the Scottish Offshore Region (12 to 200 nm), will require consent under section 36 of the Electricity Act 1989.

• Marine consenting: Section 36 consent

Environmental impact assessment overview

Certain marine licence or section 36 consent projects require an Environmental Impact Assessment (EIA).

• Marine licensing and consenting - Environmental Impact Assessment: overview

Habitats Regulations Appraisal

Habitats Regulations Appraisal is the process through which a competent authority assesses the impact of a proposed plan or project on a European site (Special Area of Conservation or Special Protection Area).

• Marine licensing and consenting: Habitats Regulations Appraisal

Marine Protected Area assessment

Scottish Ministers must consider the effects on Marine Protected Areas when determining applications for marine licences, section 36 consents and licences to disturb European Protected Species or basking sharks.

• Marine licensing and consenting: Marine Protected Area assessment

Making a representation on an application

In most cases, details of applications for marine licences and section 36 consent are made available on Marine Scotland information and a notice of an application is published.

• Marine licensing and consenting: making a representation on an application

Safety zones

Under the Energy Act 2004 (Part 2, Chapter 2), Scottish Ministers can declare safety zones for securing the safety of a renewable energy installation, individuals in or on an installation or vessels or individuals on such vessels in that vicinity. The Scottish Ministers can declare a safety zone on an application made to them or on their own initiative.

• Marine licensing and consenting: safety zones

Decommissioning programmes

Under the Energy Act 2004 (Part 2, Chapter 3), Scottish Ministers can require developers of offshore renewable energy projects in Scottish waters and the Scottish part of a Renewable Energy Zone, to prepare a decommissioning programme detailing how they intend to remove the installation when it comes to the end of its useful life and how the costs of doing so will be funded.

• Marine licensing and consenting - decommissioning programmes: overview

Marine European Protected Species and basking sharks licensing

The Conservation (Natural Habitats, &c.) Regulations 1994, The Conservation of Offshore Marine Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981 cover licensing for marine European Protected Species (EPS) and basking sharks. All cetacean species (whales, dolphins and porpoise) are EPS. Where an activity is likely to cause disturbance or injury to an EPS or basking shark, an EPS licence or basking shark licence is required to undertake the activity legally.

• Marine European Protected Species and basking sharks: licensing

Seal licensing

Part 6 of the Marine (Scotland) Act 2010 makes it an offence to kill any seal at any time, except under specific licence or for animal welfare reasons to end suffering. Seal licences authorise the killing or taking of seals for a number of purposes.

•  seal licensing collection

Noise registry

Defra and the Joint Nature Conservation Committee (JNCC) have developed the Marine Noise Registry (MNR) to record human activities in UK seas that produce loud, low to medium frequency (10Hz – 10kHz) impulsive noise.

• Marine Noise Registry: overview

Licensing and consenting application fees

Further information on application fees for marine licences and section 36 consents can be found in the below publication.

• Marine licensing and consenting: application fees

Jurisdiction

MD-LOT administers the above functions on behalf of Scottish Ministers in Scotland’s seas.

• Marine licensing and consenting: jurisdiction of Scottish Ministers

Privacy notice

Further information on how personal information provided in the licensing and consenting process is used can be found in the below publication.

• Marine licensing and consenting: privacy notice