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• Determining an application

• Marine regulation and licensing
• Marine licensing
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  • Apply for a marine licence
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Determining an application

In considering an application for a marine licence, we must have regard to:

• the need to protect the environment
• the need to protect human health
• the need to prevent interference with other legitimate uses of the sea and
• such other matters as we think relevant.

Where the application is for the construction, alteration or improvement of any works we must also have regard to the effects of any use intended to be made of the works.

We must also have regard to any representations which we receive from any person having an interest in the outcome of the application. These representations may or may not be made in response to the public notice.

We are currently creating a system of marine plans which will provide a framework for marine licensing decisions. The first marine plans are being created for the East Inshore and East Offshore areas. We expect to adopt these in 2013.

In all decisions we will act in accordance with the Marine Policy Statement, other government policy statements and guidance and with the principles of sustainable development, namely:

• achieving a sustainable marine economy
• ensuring a strong, healthy and just society
• living within environmental limits
• promoting good governance and
• using sound science responsibly.

We will also follow the principles of better regulation and aim to be transparent, accountable, proportionate, consistent and targeted in our actions.

Inquiries

From time to time we may cause an inquiry to be held to assist us in determining an application for a marine licence. Where appropriate we will seek to combine this with any other inquiry to be held into the matter.

Environmental impact assessment consent decision

Where an application is subject to an environmental impact assessment we must be satisfied with the environmental impact and issue an environmental impact assessment consent decision before we make a determination of the marine licence application.

All environmental impact assessment consent decisions are published in our public register.

Habitats Regulations assessment

Where an application is subject to assessment under the Habitats Regulations we must be satisfied that it will not adversely affect the integrity of a European site before we make a determination of the marine licence application.

Water Framework Directive compliance assessment

 Where an application is subject to assessment under the Water Framework Directive we must be satisfied that it will not cause a deterioration to the status of a water body or that it falls within an exemption before we make a determination of the marine licence application.

The marine licence decision

Once we have considered an application, we will either:

• grant the marine licence unconditionally
• grant the marine licence subject to conditions
• refuse the application.

Further information

Marine licensing guidance 1: Overview and process (PDF 802 KB)

Marine licensing guidance 7: Emergency and high risk works (PDF 211 KB)