Marine licensing: applicant guidance

Compliance and enforcement

A person may only carry on a licensable marine activity, or cause or permit any other person to do so, if they have been granted a marine licence, and they must comply with all conditions of that licence.

To assess compliance, the licensing authority may carry out inspections, assess data returns provided by a licensee or carry out investigations.

The licensing authority can use a range of advisory and enforcement tools to support compliance. These include:

• providing oral and written advice and guidance
• issuing formal notices, such as a compliance notice, a remediation notice, a stop notice or an emergency safety notice
• issuing fixed penalty notices
• where appropriate, referring cases to the Crown Office and Procurator Fiscal Service 

It is an offence to:

• carry on a licensable marine activity or permit any other person to carry on such an activity except in accordance with a marine licence fail to comply with any condition of a marine licence
• fail to comply with any notice
• provide false or misleading information or statements (in a material way, knowing the statement to be false or misleading or being reckless as to whether the statement is false or misleading)intentionally fail to disclose any material information for the purposes of obtaining a marine licence, varying a marine licence, transferring a marine licence

• fail to comply with or purporting to comply with any obligations imposed by the provisions of a marine licence 

Variation, suspension, revocation and transfer

A marine licence may be varied, suspended or revoked by notice if it appears to the licensing authority that:

• there has been a breach of any of the marine licence provisions
• the applicant supplied information that was false or misleading
• the applicant failed to supply information that might reasonably have been expected to be supplied and if the correct information had been supplied, the licensing authority would have, or likely would have refused the application or granted the licence in different terms  

A marine licence may also be varied, suspended or revoked by notice if it appears to the licensing authority that it should be because of:  

• a change in circumstances relating to the environment or human health
• increased scientific knowledge relating to either of the above matters
• in the interests of safety of navigation 
• any other reason that appears to the licensing authority to be relevant

Where a marine licence issued under the Marine (Scotland) Act 2010 (within 0-12 nm) is to be varied, suspended or revoked, the licensing authority will notify the licensee and any other adversely affected person.

This notification will specify a period of not less than 28 days within which the person notified may request the opportunity to make representations about the proposal before a person appointed to hear and report on any such representations.  A reasonable opportunity is provided for the person notified to make representations to an ‘appointed person’ and  regard is had to the appointed person's report.

The Marine and Coastal Access Act 2009 makes no similar provision for variation, suspension or revocation of marine licences issued for activities in the Scottish offshore area (12-200 nm).

A licence may be transferred only on an application made by the licensee and approved by the licensing authority. If the licensing authority approves the transfer, it will vary the licence accordingly.

Compliance notices

The licensing authority may issue a compliance notice to a person holding a marine licence if it is satisfied that the person has:

• carried on, or is carrying on, a licensable marine activity under the licence, and
• by carrying on that activity has failed, or is failing, to comply with a condition of the licence, and the carrying on of the activity has not caused, and is not likely to cause any serious harm to the environment, serious harm to human health or serious interference with legitimate uses of the sea

A compliance notice will require the recipient of the notice to take steps to ensure that the condition of the licence is complied with and the period within which those steps must be taken. A further notice may revoke a compliance notice or vary it by extending the period originally specified.

Remediation notices

The licensing authority may issue a remediation notice to a person if it is satisfied that:

• a person has carried on, or is carrying on, a licensable marine activity
• the carrying on of the activity has involved or involves carrying on a licensable marine activity without a marine licence or failing to comply with any condition of a marine licence, or causing  or permitting any other person to carry on such an activity and
• the carrying on the activity has caused, is causing or is likely to cause any harm to the environment, harm to human health or interference with legitimate use of the sea

Remedial or compensatory steps may be set out, as well as any requirement for the recipient of the notice to pay the reasonable costs of remedial or compensatory work and the period within which the required steps must be completed, or the sum paid.

A further notice may revoke a remediation notice or vary it by extending the period originally specified.

Stop notices

The licensing authority may issue a stop notice to a person if it is satisfied that:

• a person is carrying on, or is likely to carry on a licensable marine activity, whether or not in accordance with a marine licence
• the effects of carrying on the activity are causing, or are likely to cause, an imminent risk of serious harm to the environment, serious harm to human health or serious interference with legitimate uses of the sea

The stop notice will specify the date and time from which the prohibition is to take effect and it may require the recipient of the notice to take steps to ensure the activity ceases safely.

A further notice may revoke the stop notice or vary it by substituting a later date and time from which the prohibition is to take effect.

Emergency safety notices

The licensing authority may issue an emergency safety notice to any person who is in control of the works to which the notice relates, if it appears that serious interference with legitimate uses of the sea is occurring or is likely to occur as a result of:

• any works for  which a marine licence is or was needed or
• any substantial and unforeseen change in the state or position of any such works

The emergency safety notice may require the recipient of the notice to undertake the measures specified in it, including providing lights, signals or other navigational aids and stationing guard ships.

The emergency safety notice will specify the date and time at which the requirements take effect, allowing a compliance period which is reasonable in all the circumstances, and may require the recipient to take steps to ensure that compliance is carried out safely.

A further notice may revoke an emergency safety notice or may vary it by substituting a later date for the date originally specified as the time at which its requirements take effect.

Further information on notices

Notices can be revoked or varied by the issuing of a further notice.

Recipients of a variation, suspension, revocation, compliance, remediation, stop or emergency safety notice can appeal to the sheriff against that notice.

Power to take remedial action

Where a licensable marine activity has been carried on otherwise than under a marine licence and in accordance with its conditions, the licensing authority may carry out any works that are necessary or expedient for the purpose of protecting the environment or human health or preventing interference with the legitimate uses of the sea, preventing or minimising, remedying or mitigating the effects of, any such or interference or restoring (whether in whole or part) the condition of any site. This applies to harm or interference that has been, is being, or is likely to be caused by the carrying out of the licensable marine activity, including harm to the environment, harm to human health, or interference with legitimate uses of the sea.

Referral of cases to the Crown Office and Procurator Fiscal Service

Where appropriate, the licensing authority may refer cases to the Crown Office and Procurator Fiscal Service.

A person found guilty of an offence may face a fine of up to £50, 000 on summary conviction or, on conviction on indictment, a fine or imprisonment for not exceeding 2 years, or both.