Marine and Coastal Access Act 2009

71 Licences U.K.

(1) The appropriate licensing authority, having considered an application for a marine licence, must—

(a) grant the licence unconditionally,

(b) grant the licence subject to such conditions as the authority thinks fit, or

(c) refuse the application.

(2) The conditions that may be attached to a licence under subsection (1)(b) may relate to—

(a) the activities authorised by the licence;

(b) precautions to be taken or works to be carried out (whether before, during or after the carrying out of the authorised activities) in connection with or in consequence of those activities.

(3) Those conditions include, in particular, conditions—

(a) that no activity authorised by the licence be carried out until the authority or some other specified person has given such further approval of the activity as may be specified;

(b) as to the provision, maintenance, testing or operation of equipment for measuring or recording specified matters relating to any activity authorised by the licence;

(c) as to the keeping of records or the making of returns or giving of other information to the authority;

(d) for the removal, at the end of a specified period, of any object or works to which the licence relates;

(e) for the carrying out, at the end of a specified period, of such works as may be specified for the remediation of the site or of any object or works to which the licence relates;

(f) that any activity authorised by the licence must take place at a specified site, whether or not in the UK marine licensing area.

(4) A licence may provide—

(a) that it is to expire unless the activity which it authorises is begun or completed within a specified period;

(b) that it is to remain in force indefinitely or for a specified period of time (which may be determined by reference to a specified event).

(5) A licence authorising such activities as are mentioned in item 7 in section 66(1) may provide that the conditions attached to it are to bind any other person who for the time being owns, occupies or enjoys any use of the works in question (whether or not the licence is transferred to that other person).

(6) A licensing authority must not grant a licence to carry on any activity which is contrary to international law.

(7) In this section “specified” means specified in the licence in question.

Modifications etc. (not altering text)

C1 Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C2 Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)

C3 Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)

Commencement Information

I1 S. 71 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)