Marine (Scotland) Act 2010

22 Pre-application consultation: preliminary

(1) The Scottish Ministers may by regulations prescribe classes or descriptions of licensable marine activity.

(2) Where a licensable marine activity is of such a class or description, section 23 applies to a prospective applicant for a marine licence in respect of that activity.

(3) The Scottish Ministers, if satisfied that a prospective applicant is applying for a marine licence in respect of a licensable marine activity—

(a) which—

(i) is an activity which has previously been carried on at the site to which the application relates (or at a similar site), or

(ii) is similar to such an activity, and

(b) for which a licence has previously been granted,

may determine that section 23 does not apply to the application.

(4) Regulations under subsection (1) may also make provision—

(a) as to the right of a prospective applicant for a marine licence to notify the Scottish Ministers requiring a statement from them as to whether or not, in their opinion, the activity in respect of which the licence is being sought is of such a class or description,

(b) as to the manner in which—

(i) notification under paragraph (a) is to be exercised, including provision as to the information that the prospective applicant is to provide,

(ii) a statement under paragraph (a) is to be provided, including provision as to when a statement must be provided following receipt of sufficient information to determine the matter,

(c) as to the power of the Scottish Ministers to require further information in order to determine the application,

(d) as to the effect of a statement under paragraph (a),

(e) as to any other matter the Scottish Ministers consider necessary or expedient for the purposes of this section.