The Marine Licensing (Appeals Against Licensing Decisions) (Wales) Regulations 2011

PART 1 Introduction

Title and commencement

1.—(1) The title of these Regulations is the Marine Licensing (Appeals Against Licensing Decisions) (Wales) Regulations 2011.

(2) These Regulations come into force on 6 April 2011.

Application

2.  These Regulations apply in relation to any licensable marine activity for which the Welsh Ministers are the appropriate licensing authority under section 113(4)(b) of the Marine and Coastal Access Act 2009(1).

Interpretation

3.  In these Regulations—

• “the Act” (“ y Ddeddf”) means the Marine and Coastal Access Act 2009;

• “the appointed person” (“y person penodedig”) means the person appointed under regulation 5(1);

• “document” (“dogfen”) includes a map, photograph or report;

• “the Licensing Authority” (“yr Awdurdod Trwyddedu”) means the Welsh Ministers acting in their capacity as the appropriate licensing authority under section 113(4)(b) of the Marine and Coastal Access Act 2009;

• “marine licence” (“trwydded morol” ) means a licence granted under Part 4 of the Act;

• “relevant time limits” (“terfynau amser perthnasol”) means—

  (a)

  the time limits specified in these Regulations or in any direction given or requirement made by the appointed person by virtue of these Regulations;

  (b)

  but sub-paragraph (a) is subject to regulation 25(1).

• “start date” (“dyddiad dechrau”) has the meaning given by regulation 8(3);

• “valid notice of appeal” (“hysbysiad apêl dilys”) means a notice of appeal that—

  (a)

  complies with regulation 7(1);

  (b)

  was accompanied by the documents required by regulation 7(2); and

  (c)

  was received by the Welsh Ministers within the relevant time limit.

(1)

By virtue of section 113(4)(b) of the Marine and Coastal Access Act 2009, the Welsh Ministers are the appropriate licensing authority as respects anything done in the course of carrying on licensable marine activities in Wales and the Welsh inshore region, other than activities for which the Secretary of State is the licensing authority under section 113(4)(a) and (5) of that Act. See section 322(1) for a definition of that region.