The Marine Licensing (Fees) (Wales) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply to marine licensing fees in relation to which the Welsh Ministers are the appropriate licensing authority under the Marine and Coastal Access Act 2009.

Under section 67(1)(b) of that Act the appropriate licensing authority may require that an application for a marine licence be accompanied by a fee. Regulation 4 and Schedule 1 provide that the fee for determining an application for a licence is either a fixed fee or an amount calculated by multiplying the number of hours worked by £120.

Band 1 applies to applications relating to activities of a minor nature. Band 2 applies to any application which does not fall within Band 1 or exclusively within that Band, and which relates to a “specified activity”. “Specified activity” is defined in paragraphs 2 and 3 of Schedule 1 and includes deposits within the UK marine licensing area, the construction, alteration or improvement of works and the use of a vehicle or vessel to remove substances or objects from the sea bed, but excludes certain activities. Band 3 applies to any application relating to any activity which neither falls exclusively within Band 1 nor within Band 2.

Regulation 5 and Schedule 2 provide for a fixed fee for the discharge of licence conditions relating to marine licences that fall within the descriptions of Band 1 or Band 2 applications set out in Schedule 1. All other monitoring fees are calculated by multiplying the number of hours worked by £120.

Regulation 6 and Schedule 3 provide for fixed fees for certain variations of a marine licence and the transfer of a marine licence. Where the variation of a marine licence requires the licensing authority to consult with anyone other than the licensee, fees for the variation of a marine licence are calculated by multiplying the number of hours worked by £120.

Regulations 7 to 10 contain additional provisions relating to the payment of such fees, deposits and refunds.

Regulation 11 revokes the Marine Licensing (Application Fees) (Wales) Regulations 2011 (“the 2011 Regulations”), and regulation 12 contains transitional and saving provisions. By virtue of these provisions the 2011 Regulations apply to any application for a marine licence or the variation or transfer of a marine licence received before 1 April 2017 (whether or not determined by the Welsh Ministers before that date). Regulation 12(3) clarifies that monitoring fees will be applied to marine licences regardless of whether such licences were granted prior to 1 April 2017.

These Regulations do not determine all fees that may be charged in relation to marine licensing. Additional fees that may be charged include, but are not limited to, fees under sections 67(5), 67A and 72A(6) of the Marine and Coastal Access Act 2009 and fees under the Marine Works (Environmental Impact Assessment) Regulations 2007.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ