The Marine Licensing (Pre-application Consultation) (Scotland) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for certain classes or descriptions of licensable marine activity to be subject to a requirement for pre-application consultation to be undertaken in terms of sections 22 to 24 of the Marine (Scotland) Act 2010 (“the 2010 Act”).

The Scottish Ministers are responsible for marine licensing in inshore waters under the 2010 Act and in offshore waters under the Marine and Coastal Access Act 2009. These Regulations which are made under the 2010 Act apply only in respect of licensable marine activities in inshore waters.

Regulation 1 provides that these Regulations come into force on 1st January 2014.

Regulation 2 provides that the requirement for pre-application consultation only applies to applications received by the Scottish Ministers on or after 6th April 2014.

Regulation 3 is an interpretation provision.

Regulation 4 prescribes the classes or descriptions of licensable marine activity for which pre-application consultation is required.

Regulation 5 sets down a procedure whereby a prospective applicant for a marine licence may 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 sought is a licensable activity prescribed under regulation 4.

Regulation 6 specifies those persons to whom notices under section 23(1) of the 2010 Act must be given.

Regulation 7 sets out the prescribed manner of consultation which a prospective applicant must undertake with regards to an application for a marine licence where the licensable activity to which the application relates is an activity prescribed by regulation 4. This requires the holding of a public event and the publication of a notice, which must include certain specified information, in a local newspaper. It specifies circumstances in which a public event which would otherwise be required to be undertaken by a prospective applicant under the regulation is not required.

Regulation 8 and the Schedule to these Regulations prescribe the form and content of a pre-application consultation report.

Regulation 9 provides that all applications, approvals, authorisations, notices, notifications, reports and statements must be in writing and permits electronic communications to be used in certain circumstances.

A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. Copies of the BRIA are available from Marine Scotland, Victoria Quay, Leith, Edinburgh, EH6 6QQ and on-line at www.legislation.gov.uk.