Marine licensing: applicant guidance

Before submitting an application

Prospective applicants should consider pre-application timescales that may be needed for any statutory requirements including stakeholder engagement.

In addition to statutory requirements, it is good practice and a general policy of Scotland’s National Marine Plan, that appropriate proportional and meaningful early engagement on any proposed licensable marine activity should be undertaken with the general public and all interested stakeholders to facilitate the licensing process.

Before you submit an application for a marine licence you should consider the following:

Exempted activities

• certain activities are specified as exempted activities and therefore may not need a marine licence
• read more on exempted activities

Statutory Pre-Application Consultation (PAC)

• may be required for certain activities before applying for a marine licence
• is a minimum 12 week process which must be completed before submitting a marine licence application
• must ensure a marine licence application is submitted within one year of the PAC event
• read more on statutory PAC

Environmental impact assessment (EIA)

• certain construction projects may need an EIA
• if an EIA is required, prospective applicants may request an EIA screening opinion from MD-LOT (minimum nine week process)
• if an EIA is required, prospective applicants may request an EIA scoping opinion (typically a minimum five month process)
• read more on environmental impact assessments

Habitats Regulations Appraisal (HRA)

• if the proposed project is likely to have a significant effect on a European site then applications may require information to inform an Appropriate Assessment
• read more on HRA

Marine Protected Area Assessment

• if a proposed activity is capable of affecting an MPA, applications may require information to inform an MPA assessment
• read more on MPA assessments

Other authorisations

Some activities which require a marine licence may also require a licence to disturb or injure a European Protected Species (EPS) or basking shark. Having a marine licence does not negate the need for a licence to disturb or injure an EPS or basking shark.

Read more on EPS and basking sharks.

An activity or project which requires a marine licence may also require other approvals or consents from other regulators such as NatureScot, Transport Scotland, Scottish Environment Protection Agency, Statutory Harbour Authority or the local planning authority. A seabed lease from Crown Estate Scotland or the landowner may also be required. It is the responsibility of the applicant to understand and meet all legal requirements.

Having other authorisations in place, for example a planning permission, does not negate the requirement for a marine licence.

Relevant policies

When applying for a marine licence, the applicant should be aware of marine policies that apply to the proposed activity. Relevant policies are considered by MD-LOT when determining a marine licence application. 

The relevant sections of the following policies should be considered when making an application:

• UK Marine Policy Statement
• Scotland’s National Marine Plan 
• Regional Marine Plans
  • ​​​​​​​Shetland Islands Regional Marine Plan 2025

You should consider any relevant policy covering your specific activities for example:

• Scotland’s Seaweed cultivation policy statement

• Sectoral marine plan for offshore wind energy  

Data

Marine.gov.scot provides information about the Scottish marine environment, including resources that are made available by the Scottish Government’s Marine Directorate and stakeholders This site is part of the Scottish Government’s marine open data network. The network also includes National Marine Plan Interactive,  Marine Directorate Data and Marine Directorate Assessment. It is the applicant’s responsibility to ensure any data used is the most relevant and up to date available.