Marine (Scotland) Act 2010

Marine (Scotland) Act 2010

2010 asp 5

The Act

Part 4 – Marine Licensing

Pre-application consultation

Section 23 – Pre-application consultation: compliance

35. Section 23 states that those applicants whose activity falls within a class requiring a pre-application consultation report must give notice of an application for a marine licence at least 12 weeks in advance of the application itself. Section 23 states what details are to be included in the notice. Section 23(4) states that regulations may specify who is to be notified and who is to be consulted, and in what form, with respect to the proposed application. Section 23(6) and (7) state that Scottish Ministers have 21 days after having received the notification in which to notify the applicant if they require the notice to be given to additional people or if additional consultation is required (or both). When considering this, Scottish Ministers must have regard to the nature, extent and location of the proposed activity and to the likely effects of the activity.