Part 4Marine licensing
Pre-application consultation
22Pre-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.