PART 6MARINE LICENSING
I177Fees for monitoring, variation etc. of marine licences
1
In the Marine and Coastal Access Act 2009, after section 72 insert—
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
The amendment made by subsection (1) has effect in relation to marine licences whenever granted.