The following Environment guidance note Produced in partnership with Nicola Canty provides comprehensive and up to date legal information covering:
The Marine and Coastal Access Act 2009 (MCAA 2009), provides for a range of notices to be issued by the appropriate licensing authority or an enforcement authority to enforce provisions relating to marine licences or licensable marine activities.
MCAA 2009, s 108 creates a requirement for the appropriate licensing authority by regulations to make provision for those on whom a notice is issued to appeal against such notices.
The Marine Licensing (Notices Appeals) Regulations 2011, SI 2011/936 purport to meet this requirement and provide licensees with a right of appeal against a range of notices served under MCAA 2009:
(1) notices relating to the variation, suspension or revocation of a marine licence (or the extension of a period of suspension) issued under MCAA 2009, s 72 and
(2) enforcement notices to address non-compliance with the requirements of the MCAA 2009 in the marine environment, to put right harm and prevent further harm to the environment or human
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