72AFurther fees chargeable where the Welsh Ministers are the appropriate licensing authority

1

This section applies where the Welsh Ministers are the appropriate licensing authority in relation to a marine licence granted under this Part.

2

The licensing authority may require the licensee to pay a fee for—

a

monitoring an activity authorised by the licence,

b

assessing and interpreting the results of any monitoring of an activity authorised by the licence, or

c

dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72.

3

In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—

a

the environmental, economic or social consequences of any activity authorised by the licence, or

b

whether the licensee is complying with any conditions attached to that licence.

4

The fees that may be charged under subsection (2) are to be determined by or in accordance with regulations made by the licensing authority.

5

Regulations under subsection (4) may provide for different fees for different cases.

6

If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, the authority may require the licensee to pay a fee towards the reasonable expenses of that investigation, examination or test.

7

If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.

8

The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).

9

If a licensee who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may—

a

refuse to proceed with the application, or

b

refuse to proceed with it until the failure is remedied.