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Yn ddilys o 24/02/2017

RHAN 6LL+CTRWYDDEDU MOROL

Yn ddilys o 01/04/2017

76Cyngor a chymorth mewn perthynas â thrwyddedu morolLL+C

Yn Neddf y Môr a Mynediad i’r Arfordir 2009 (p. 23), ar ôl adran 67 mewnosoder—

67AAdvice and other assistance from the Welsh Ministers

(1)This section applies where the Welsh Ministers are the appropriate licensing authority.

(2)The licensing authority may provide advice or other assistance to any person who requests it in connection with—

(a)an application which the person proposes to make to the licensing authority for a marine licence, or

(b)any other matter in respect of which the licensing authority exercises functions under this Part.

(3)The licensing authority may charge fees in respect of the reasonable costs incurred by it in connection with the provision of advice or other assistance under subsection (2).

Gwybodaeth Cychwyn

I1A. 76 ddim mewn grym ar y Cydsyniad Brenhinol, gweler a. 88(3)(c)

77Ffioedd am fonitro, amrywio etc. drwyddedau morolLL+C

(1)Yn Neddf y Môr a Mynediad i’r Arfordir 2009, ar ôl adran 72 mewnosoder—

72AFurther fees chargeable where the Welsh Ministers are the appropriate licensing authority

(1)This section applies where the Welsh Ministers are the appropriate licensing authority in relation to a marine licence granted under this Part.

(2)The licensing authority may require the licensee to pay a fee for—

(a)monitoring an activity authorised by the licence,

(b)assessing and interpreting the results of any monitoring of an activity authorised by the licence, or

(c)dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72.

(3)In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—

(a)the environmental, economic or social consequences of any activity authorised by the licence, or

(b)whether the licensee is complying with any conditions attached to that licence.

(4)The fees that may be charged under subsection (2) are to be determined by or in accordance with regulations made by the licensing authority.

(5)Regulations under subsection (4) may provide for different fees for different cases.

(6)If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, the authority may require the licensee to pay a fee towards the reasonable expenses of that investigation, examination or test.

(7)If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.

(8)The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).

(9)If a licensee who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may—

(a)refuse to proceed with the application, or

(b)refuse to proceed with it until the failure is remedied.

(2)Mae’r diwygiad a wneir gan is-adran (1) yn cael effaith mewn perthynas â thrwyddedau morol pa bryd bynnag y’u rhoddir.

Gwybodaeth Cychwyn

I2A. 77 ddim mewn grym ar y Cydsyniad Brenhinol, gweler a. 88(3)(c)

78Darpariaeth bellach ynghylch talu ffioeddLL+C

Yn Neddf y Môr a Mynediad i’r Arfordir 2009, ar ôl adran 107 mewnosoder—

107ADeposits on account of fees payable to the Welsh Ministers

(1)This section applies where the Welsh Ministers are the appropriate licensing authority.

(2)Where a person is required to pay a fee to the licensing authority under this Part, the licensing authority may require the person to pay a deposit on account of the fee.

(3)The amount that a person may be required to pay under subsection (2) is to be determined by or in accordance with regulations made by the licensing authority.

(4)If a licensee fails to comply with a requirement to pay a deposit charged under subsection (2) on account of a fee charged under section 72A(2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.

(5)The suspension of a licence under subsection (4) continues in effect until the deposit is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).

(6)If a person who has applied for a licence under section 67 or for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a deposit charged under subsection (2) in connection with that application, the licensing authority may—

(a)refuse to proceed with the application, or

(b)refuse to proceed with it until the failure is remedied.

107BSupplementary provision about fees payable to the Welsh Ministers

(1)This section applies where the Welsh Ministers are the appropriate licensing authority.

(2)When making provision under section 67(2) or 72A(4) about fees payable in respect of a type of application to the licensing authority or in respect of an activity of the licensing authority, the licensing authority must decide what provision to make by reference to the expected costs of dealing with that type of application or of carrying out that activity.

(3)The licensing authority may require a fee charged by it under this Part to be payable in advance of the activity to which the fee relates being carried out.

(4)The licensing authority may waive or reduce a fee.

(5)The licensing authority may by regulations make provision about how and when a fee or deposit charged by it under this Part is to be paid.

(6)A fee or deposit charged under this Part may be recovered by the licensing authority as a civil debt (in addition to any other action that may be taken by the licensing authority).

Gwybodaeth Cychwyn

I3A. 78 ddim mewn grym ar y Cydsyniad Brenhinol, gweler a. 88(3)(c)

79Apelio yn erbyn amrywio etc. drwydded forol am beidio â thalu ffi neu flaendalLL+C

Yn adran 108 o Ddeddf y Môr a Mynediad i’r Arfordir 2009 (apelau yn erbyn hysbysiadau), ar ôl is-adran (2) mewnosoder—

(2A)The Welsh Ministers must by regulations make provision for any person to whom a notice is issued under section 72A(7) or 107A(4) to appeal against that notice.

Gwybodaeth Cychwyn

I4A. 79 ddim mewn grym ar y Cydsyniad Brenhinol, gweler a. 88(3)(c)

Yn ddilys o 01/04/2017

80Eithriadau rhag pŵer i ddirprwyo swyddogaethau awdurdod trwyddeduLL+C

Yn adran 98(6) o Ddeddf y Môr a Mynediad i’r Arfordir 2009 (swyddogaethau a eithrir rhag pŵer i ddirprwyo)—

(a)ar ôl paragraff (c) mewnosoder—

(ca)section 72A(4) (making regulations regarding fees for monitoring, variation etc of licences for which the Welsh Ministers are the licensing authority);;

(b)ar ôl paragraff (h) mewnosoder—

(ha)section 107A(3) (making regulations regarding deposits payable on account of fees where the Welsh Ministers are the licensing authority);

(hb)section 107B(5) (making regulations regarding payment of fees and deposits where the Welsh Ministers are the licensing authority);.

Gwybodaeth Cychwyn

I5A. 80 ddim mewn grym ar y Cydsyniad Brenhinol, gweler a. 88(3)(c)