Marine licensing: applicant guidance
Guidance on marine licensing requirements administered by the Marine Directorate – Licensing Operations Team (MD-LOT) on behalf of Scottish Ministers.
Variations and transfers
Variations of marine licences in the Scottish inshore region (0-12 nm)
On an application made by a licensee, MD-LOT may vary a marine licence under section 30(7) of the Marine (Scotland) Act 2010, if satisfied that the variation being applied for is not material.
Applications to vary a marine licence should be made to MD-LOT in writing. The variation application should contain sufficient information for MD-LOT to consider if the change is not material, and, if satisfied of this, to allow determination of the application. The licensee should apply to vary the marine licence as soon as the need for a variation is identified.
If changes required are considered to be material, an application for a new marine licence may be required and the licensee should contact MD-LOT.
The licensee will be required to pay a fee to MD-LOT for the variation application and MD-LOT should be contacted for information on application fees. An invoice for the application fee will be issued when a variation application is received and initial checks have been carried out. The invoice will provide information on accepted methods of payment.
Relevant stakeholders may be consulted by MD-LOT before a marine licence is varied. Validations of any Appropriate Assessments or Marine Protected Area assessments may also be required.
It is not possible to vary or extend an expired marine licence. If a marine licence has expired but the activity is still proposed to go ahead, a new application must be made.
MD-LOT may also vary a marine licence if it appears to them that the marine licence ought to be varied for any relevant reason.
Variations of marine licences in the Scottish offshore region (12-200 nm)
There are no specific provisions in the Marine and Coastal Access Act 2009 for a licensee to apply for a variation. However, MD-LOT may vary a marine licence if it appears to them that the marine licence ought to be varied for any relevant reason. Licensees wishing to vary a marine licence granted under the 2009 Act must contact MD-LOT to discuss application requirements.
It is not possible to vary or extend an expired marine licence. If a marine licence has expired but the activity is still proposed to go ahead, a new application must be made.
Transfers
A licensee can make an application to MD-LOT to transfer a marine licence to another person under section 30(8) of the Marine (Scotland) Act 2010 and section 72(7) of the Marine and Coastal Access Act 2009.
Applications to transfer a marine licence should be made to MD-LOT in writing.
The application to transfer a marine licence should be accompanied by a written and signed confirmation of the transfer agreement from both the old and new licensee.