Marine licensing: applicant guidance

Submit required application form(s) with all relevant supporting information to MD-LOT.

Read more in how to apply.

Application forms are in supporting documents.

Checks are carried out by a casework officer to ensure that application forms are completed in full and all relevant supporting information has been provided. Where an application is incomplete, a casework officer will notify the applicant. The case will be put on hold until a complete application form and supporting information has been submitted. Review at this stage does not include reviewing the detail of the application and more information may required from the applicant at other stages. Once the completed application has been accepted, the casework officer sends the application fee invoice to the applicant.

The applicant pays the marine licence application fee as invoiced. The 14 week target determination timescale begins when MD-LOT receives payment of the application fee.

MD-LOT will send a public notice template along with instructions to the applicant (when applicable).

For non EIA applications, the applicant must place the notice in a newspaper, or newspapers, circulated in the locality of the proposed activity.

The notice:

• must be placed in the relevant section of the newspaper to ensure maximum exposure
• must appear in a local newspaper or newspapers with a reasonably large coverage area
• must be advertised for at least one day
• must not be placed in a free newspaper

EIA applications will have different advertising requirements. MD-LOT will send a public notice template along with instructions to the applicant for EIA applications.

Following publication, the complete pages from the newspaper(s) (including the paper title and date of publication) in which the notice appeared in must be sent to MD-LOT. Scanned copies or photographs are acceptable if they are clear and include the paper title and date of publication.

This process allows any persons likely to be interested in the application to make representations about the proposal to MD-LOT. Any representations received from the general public will be sent to the applicant to offer an opportunity to respond. Failure to comply with any advertising requirements may result in re-advertising, which will increase the time taken to process an application.

Once proof of public notice publication has been provided by the applicant, MD-LOT starts consultation with the following statutory consultees:

• Northern Lighthouse Board
• Maritime and Coastguard Agency
• Scottish Environment Protection Agency
• NatureScot
• regional Marine Planning Partnerships in the Scottish inshore region

MD-LOT will also start consultation with the following non-statutory consultees (including, but not limited to:)

• Royal Yachting Association
• Crown Estate Scotland
• local authorities
• Community Councils
• Ministry of Defence
• Royal Society for Protection of Birds
• Scottish Fishermen’s Federation
• Historic Environment Scotland
• any relevant Harbour Authority

Typical consultation period is for 28 days for non-EIA cases. All representations received are shared with the applicant at the end of the consultation period and the applicant has an opportunity to make representations about any observations made by the consultees.

The casework officer reviews the representations received during consultation. MD-LOT may request further information from the applicant if required.

If there are any issues highlighted, or objections to the proposals received, the applicant will be expected to demonstrate how representations received have been taken into account.

MD-LOT carries out further assessments, if required. These may include a Marine Protected Area Assessment or an Habitats Regulations Appraisal.

After any further assessments have been completed (where required) and it has been demonstrated how representations received have been taken into account, the casework officer determines if a marine licence can be granted and determines licence conditions. The licence is then reviewed and signed.

In determining an application for a marine licence (including licence conditions), MD-LOT must have regard to the need to protect the environment, to protect human health, to prevent interference with legitimate uses of the sea, and such other matters MD-LOT considers relevant on behalf of Scottish Ministers. MD-LOT considers all representation received from consultees and members of the public when determining a marine licence application. All licensing decisions must be in line with the relevant marine policies.

Conditions attached to a marine licence can relate to matters of maintenance and operation, specific testing, record keeping, remediation works and anything MD-LOT consider appropriate to mitigate the impacts of a project.

Marine licences may be issued for the lifetime of a project, for example, the duration of a seaweed farm deposit or a construction project. Therefore, the initial application for a marine licence should contain a suitably wide description of the project and any foreseeable improvements or alteration, including the removal/decommissioning of the works at end of life of the project, where applicable. For deposited objects like finfish and shellfish farm equipment, pontoons and moorings, a 25 year licence can be granted and the site should be cleared at the end of the licensed period. If the licensee wishes to continue the use of the site beyond the licensed period, they must seek a new marine licence.

In the case of large or complex projects MD-LOT may cause an inquiry to be held in connection with a marine licence application which will increase the time of the determination.

The marine licence is sent to the licensee and uploaded to the Marine Directorate Information website. The licensee may be required to fulfil suspensive conditions prior to commencement of the licenced activity and may be required to submit reports to MD-LOT as per the licence conditions.