Marine licensing: applicant guidance

When a marine licence is required

Marine licences are required for 'licensable marine activities'

• below mean high water spring tide level
• in the waters of estuaries, rivers or channels, so far as the tide flows at mean high water spring tide, out to 200 nautical miles (nm)

Certain activities are exempt from the requirement to obtain a marine licence if certain conditions are met. More information can be found on Marine licensing - exempted activities: guidance.

Section 21 of the Marine (Scotland) Act 2010 (0-12 nm) and section 66 of the Marine and Coastal Access Act 2009 (12-200 nm) set out licensable marine activities.

Examples of ‘licensable marine activities’ include, but are not limited to:

Construct, alter or improve any works in or over the sea, or on or under the seabed, for example:

• construction of harbour structures, breakwaters, piers, land reclamation, submarine cables, outfall pipes
• slipways/walkways/piled pontoons, bridges, jetties, seaweed farms, road/rail defences, sea defence structures
• demolishing of works in the sea e.g. constructed harbour structures, submarine cables, piers, outfall pipes, bridges
• construction of offshore renewable energy generating and transmission infrastructure

Carry out any form of dredging, for example:

• navigational or aggregate (mineral) dredging including capital and maintenance dredging using any device or method

Remove any substance from the seabed, for example:

• removal of substances and objects from the seabed (e.g. removal of sand and rocks, salvage from wrecks)

Deposit any substance or object, for example:

• deposit of dredged material
• deposit of materials or objects in the course of a habitat restoration project
• deposits in the sea or on/under the seabed (e.g. pontoon, mooring etc)
• beach replenishment
• deposit of finfish and shellfish farm equipment where the equipment is a likely danger to navigation
• space launches where objects are deposited in any sea/ocean in the course of the launch from Scotland

To deposit or use any explosive substance or article:

• deposit and use of explosives

It is an offence to carry out a licensable marine activity or permit any other person to carry on such an activity except in accordance with a marine licence granted by MD-LOT on behalf of the Scottish Ministers or a marine licence exemption. It is also an offence to fail to comply with any condition of a marine licence.