Marine licensing—licence application appeals
Produced in partnership with Nicola Canty, Barrister of 9 Hazel Tree Chambers
Marine licensing—licence application appeals

The following Environment guidance note Produced in partnership with Nicola Canty, Barrister of 9 Hazel Tree Chambers provides comprehensive and up to date legal information covering:

  • Marine licensing—licence application appeals
  • Legislative context
  • Internal review
  • Appeal against marine licensing decisions
  • Action following the start date
  • Written representations
  • Hearings and inquiries
  • Final determination of the appeal

Legislative context

The marine licensing system under the Marine and Coastal Access Act 2009 (MCAA 2009) introduced a new independent appeal mechanism for applicants to appeal against licensing decisions made under MCAA 2009, s 71.

MCAA 2009, s 73 stipulates that further regulations must be made for any person who applies for a marine licence to appeal against a licensing decision made by a relevant licensing authority. This requirement was met with the introduction of the Marine Licensing (Licence Application Appeals) Regulations 2011, SI 2011/934 (the Licence Application Appeals Regulations), which sets out the process for appeals against licence application decisions.

The Licence Application Appeals Regulations, SI 2011/934 aim to ensure that licence decisions are made transparently and that the decision-making body is accountable for the decisions it makes. From 6 April 2011, applications for a marine licence have the right to appeal against a decision made by the Secretary of State (or the Marine Management Organisation (MMO) under its delegated licensing powers) in relation to a marine licence application. After a decision has been made, the applicant can appeal:

  1. a decision not to grant a licence,

  2. any condition attached to the licence, and

  3. the length of the licence

Internal review

At the stage where the licensing authority has notified the applicant of its potential decision, but before