Marine licensing: applicant guidance

Statutory Pre-Application consultation

Statutory pre-application consultation (PAC) is required for certain classes or descriptions of licensable marine activity in the Scottish inshore region (0-12 nm). The statutory PAC procedures are set out in The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013 (‘the Regulations’). The Regulations prescribe the licensable marine activities that are subject to statutory PAC and, in combination with Section 23 of the Marine (Scotland) Act 2010, set out the nature of the pre-application process.

The statutory PAC process takes a minimum of 12 weeks and must be completed before the relevant marine licence application is submitted. The marine licence application must be submitted within one year of the PAC event, otherwise the PAC process must be completed again.

The purpose of PAC is to allow local communities, environmental groups and other interested parties to comment on the proposal at an early stage. Meaningful PAC helps to take local interests and sensitivities into account in developing a proposal.

In addition to statutory PAC requirements, it is good practice and a general policy of Scotland’s National Marine Plan, that appropriate, proportionate 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.

Licensable marine activities subject to pre-application consultation

The following licensable marine activities are subject to statutory PAC (prescribed in regulation 4 of the Regulations):

• the deposit of a submarine cable into the sea or under the seabed from a vehicle, vessel, aircraft, marine structure or floating container, where that cable is over 1853 metres (approx. 1 nautical mile) in length and where it crosses the inter-tidal boundary
• the deposit of any substance or object into the sea or on or under the seabed from a vehicle, vessel, aircraft, marine structure, floating container or a structure on land constructed or adapted wholly or mainly for depositing solids into the sea for the purposes of reclaiming land, where the area being reclaimed from the sea exceeds 10,000 square metres
• the construction in or over the sea or on or under the seabed of a bridge, causeway or walkway over 50 metres in length
• construction works (other than for a renewable energy structure) in or over the sea or on or under the seabed where the area of the works exceeds 1000 square metres
• alteration or improvement of works (other than for a renewable energy structure) in or over the sea or on or under the seabed where the area of those works, as extended, exceeds 1000 square metres
• the construction of a renewable energy structure in or over the sea or on or under the seabed, where the total area in which the structure is to be located exceeds 10,000 square metres
• the alteration or improvement of a renewable energy structure in or over the sea or on or under the seabed which extends the structure, where the total area in which that structure, as extended, is to be located exceeds  10,000 square metres

Requesting a PAC statement

A prospective applicant for a marine licence can request a PAC statement from MD-LOT if they think that the activity being applied for is, or may be, of a class or description that engages statutory PAC requirements. A PAC statement confirms the opinion of the licensing authority as to whether the licensable marine activity in question is subject to the PAC requirements. The procedure for requesting a pre-application consultation statement can be found in regulation 5 of the Regulations.

A request for a PAC Statement should be made in writing to MD-LOT. The request must be accompanied by:

• a plan sufficient to identify the area in which the activity is proposed to take place
• a description of the nature and purpose of the licensable marine activity and of its possible effects on the environment.
• any other information or representations that the prospective applicant considers to be relevant

If it is considered that there is insufficient information to give a PAC statement, MD-LOT may request further information to be provided by the prospective applicant.

MD-LOT must provide a PAC statement to the prospective applicant, stating the reasons for its opinion. This must be:

• within three weeks of the date the statement was requested by the prospective applicant
• where further information has been requested of the prospective applicant by MD-LOT, within three weeks of the date that information was received by MD-LOT
• within such longer period as may be agreed between MD-LOT and the prospective applicant

Summary of the PAC procedure

The PAC procedure consists of:

• PAC notification to consultees specified in the Regulations
• notice of a PAC event in a newspaper
• at least one public PAC event where members of the public, environmental groups, non-governmental organisations, regulators and other interested parties are given the opportunity to consider and comment upon the prospective application for the licensable marine activity
• PAC report on the event must be submitted with an application

Throughout the PAC process the prospective applicant, as a matter of best practice, should provide stakeholders with the relevant information they need to provide informed feedback. Different stakeholders may require different information.

The location of the proposed activity should be provided in latitude and longitude coordinates in World Geodetic System 1984 (WGS84) degrees, decimal minutes format XX°X.XXX’N  XX°X.XXX’W or E. Further information on latitude and longitude coordinates can be found in the How to apply section. 

PAC notification to consultees

No less than six weeks in advance of the public PAC event, the prospective applicant must notify MD-LOT and the following persons specified in regulation 6(2) of the Regulations that an application for a marine licence for a prescribed activity is to be submitted to MD-LOT:

• The Commissioners of Northern Lighthouses (Northern Lighthouse Board)
• The Maritime and Coastguard Agency
• The Scottish Environment Protection Agency
• NatureScot (operating name for Scottish Natural Heritage)
• any delegate for the relevant marine region or regions where the prescribed activity is to be carried out (wholly or partly), when such delegates have been established under section 12(1) of the Marine (Scotland) Act 2010

A period of at least 12 weeks must elapse between giving the notice and the prospective applicant submitting the application.

The prospective applicant must provide notice as specified in Section 23 of the Marine (Scotland) Act 2010. The notice must include:

• a general description of the licensable marine activity to be carried out
• a plan or chart showing the outline of the location at which the activity is to be carried out (including, as appropriate, the route to be taken in order to carry out the activity) which is sufficient to identify the location
• details as to how the prospective applicant is to be contacted

The prospective applicant as a matter of best practice should provide the time and location of the PAC event within their notice to consultees.

Notice of PAC event in a newspaper

No less than six weeks in advance of the public PAC event, the prospective applicant must publish a notice in a local newspaper containing:

• a description, including location, of the licensable marine activity for which the marine licence is to be sought
• details as to where further details concerning the activity may be obtained
• the date and place of the pre-application consultation event
• a statement explaining how persons wishing to provide comments may do so and the date by which this must be done
• a statement clarifying that comments made to the prospective applicant are not representations to the Scottish Ministers and that if the prospective applicant makes an application for a marine licence there will be an opportunity for representations to be made to the Scottish Ministers on the application

PAC event

The PAC event must be held no earlier than six weeks after either the date on which the newspaper notification of the PAC event is given or the date of notification that is given to the consultees listed in regulation 6(2) of the Regulations (whichever is later).

The PAC event must be held in a suitably accessible venue. The venue must be suitably accessible both in terms of allowing physical access by persons of impaired mobility and being local to the proposed marine licensable activity. This is to allow the provision of information to, and attendance by, persons who are most likely to have an active interest in the proposed activity. The venues in which these events are held are likely to vary in size and nature, dependent largely upon the availability of public buildings in those parts of Scotland close to the location of the proposed licensable marine activity. A typical venue will be a local town hall or hotel. The prospective applicant may also wish to make the PAC event materials available online, but this does not negate the requirement of an in-person PAC event.

If a previous consultation event has:

• been held within 12 months of the application date in a suitably accessible venue
• been advertised at least six weeks prior to the event in a manner likely to bring the application to the attention of persons likely to be interested in it

No further public consultation event is needed.

This provision may allow for a single public pre-application consultation event to be held which satisfies the requirements of:

• the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008
• the Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013

PAC report

A PAC report, in the form prescribed in the Regulations, must be prepared and submitted with the marine licence application. The PAC report must include:

• a description of the PAC event
• a description of the information provided by the prospective applicant at the event
• comments and objections received by the prospective applicant at the event
• a description of amendments to be made to the marine licence application, where applicable, in response to those comments and/or objections
• an explanation for the approach taken where, despite the prospective applicant receiving relevant comments and objections no relevant alterations are proposed to be made to the marine licence application

The PAC report must be prepared in the form prescribed in the Schedule to the Regulations.

If the prospective applicant fails to fulfil all of the statutory PAC requirements, MD-LOT is unable to accept the marine licence application.​​​​​​​