Marine licensing—appealing against notices
Produced in partnership with Nicola Canty
Marine licensing—appealing against notices

The following Environment guidance note Produced in partnership with Nicola Canty provides comprehensive and up to date legal information covering:

  • Marine licensing—appealing against notices
  • Types of marine licence notices
  • Appeals against variation, suspension or revocation notices
  • Appeals against enforcement notices
  • Burden of proof
  • Action following the appeal

Types of marine licence notices

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. (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. (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