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:
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:
a decision not to grant a licence,
any condition attached to the licence, and
the length of the licence
At the stage where the licensing authority has notified the applicant of its potential decision, but before
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