Marine and Coastal Access Act 2009

69 Determination of applications U.K.

(1) In determining an application for a marine licence (including the terms on which it is to be granted and what conditions, if any, are to be attached to it), the appropriate licensing authority must have regard to—

(a) the need to protect the environment,

(b) the need to protect human health,

(c) the need to prevent interference with legitimate uses of the sea,

and such other matters as the authority thinks relevant.

(2) In the case of an application for a licence to authorise such activities as are mentioned in item 7 in section 66(1), the appropriate licensing authority must have regard (among other things) to the effects of any use intended to be made of the works in question when constructed, altered or improved.

(3) The appropriate licensing authority must have regard to any representations which it receives from any person having an interest in the outcome of the application.

(4) A licensing authority may—

(a) from time to time consult any person or body it thinks fit as to the general manner in which the licensing authority proposes to exercise its powers in cases involving any matter in which that person or body has particular expertise;

(b) in relation to any particular application, consult any person or body which has particular expertise in any matter arising in relation to that application.

(5) If the appropriate licensing authority consults any person or body under subsection (4)(b), it must give the applicant the opportunity to make representations to the licensing authority about any observations made by the person or body.

[F1 (5A) Regulation 3 of the Electronic Communications and Wireless Telegraphy Regulations 2011 makes provision about the time within which certain applications under this section for the granting of rights to install facilities must be determined.]

(6) A licensing authority may by regulations make further provision as to the procedure to be followed in connection with—

(a) applications to it for marine licences, and

(b) the grant by it of such licences.

(7) The provision that may be made by virtue of subsection (6) includes (in particular) provision as to—

(a) the period within which any function is to be exercised (including when that period is to begin and how it is to be calculated);

(b) notifying the applicant of any licensing determination.

Textual Amendments

F1 S. 69(5A) inserted (E.W.) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 101 (with Sch. 3 para. 12)

Modifications etc. (not altering text)

C1 Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C2 Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)

C3 Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)

C4 S. 69(3) excluded by 2008 c. 29, s. 149A(5) (as inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(2) (with s. 111); S.I. 2011/556, art. 3(2)(a))

C5 S. 69(5) excluded by 2008 c. 29, s. 149A(5) (as inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(2) (with s. 111); S.I. 2011/556, art. 3(2)(a))

Commencement Information

I1 S. 69 partly in force; s. 69 in force for specified purposes at Royal Assent see s. 324(1)(c)

I2 S. 69 in force at 6.4.2011 in so far as not already in force by S.I. 2011/556, art. 3(2)(a)