Marine licensing and consenting: offshore renewable energy projects
Guidance for offshore renewable energy projects on marine licensing and consenting requirements that are administered by the Marine Directorate – Licensing Operations Team (MD-LOT) on behalf of Scottish Ministers.
Appeals - questioning certain decisions
Appeals against marine licensing decisions
A person who has applied for a marine licence can appeal to any Sheriff Court in Scotland, by summary application, if they are dissatisfied with a decision to grant or refuse a marine licence (see The Marine Licensing Appeals (Scotland) Regulations 2011).
The summary application to appeal must be lodged with the Sheriff Court within 21 days after the date on which the decision was intimated to the person who applied for the marine licence.
Further information can be found in the marine licensing guidance.
Questioning certain decisions relating to marine licences for generating stations which also require an application for consent under section 36 of the Electricity Act 1989
Any person that is aggrieved by certain decisions of the Scottish Ministers in relation to an application for a marine licence to carry on an activity (construction of a generating station), in respect of which consent under section 36 of the Electricity Act 1989 is also required, may make an application to the Inner House of the Court of Session to question the validity of these decisions (under section 63A of the Marine Scotland Act 2010 and 73A of the Marine and Coastal Access Act 2009).
The application to the Inner House of the Court of Session to question the validity of a decision must be made within the period of six weeks, beginning with the date on which the decision to which the application relates is taken.
Further information can be found in the marine licensing guidance.
Questioning certain decisions under section 36 of the Electricity Act 1989
Any person that is aggrieved by certain decisions of the Scottish Ministers in relation to an application for consent to construct, extend or operate a generating station under section 36 of the Electricity Act 1989 may make an application to the Inner House of the Court of Session to question the validity of these decisions (under section 36D and Paragraph 5B of Schedule 8 of the Electricity Act 1989).
An application to the Inner House of the Court of Session to question the validity of a decision must be made within the period of six weeks beginning with the date on which the decision to which the application relates is taken.
Further information can be found in the section 36 consent guidance.