Marine and Coastal Access Act 2009

68 Notice of applications U.K.

(1) Having received an application for a marine licence, the appropriate licensing authority must—

(a) publish notice of the application, or

(b) require the applicant to publish notice of it.

(2) Publication under subsection (1) must be in such manner as the authority thinks is best calculated to bring the application to the attention of any persons likely to be interested in it.

(3) If the activity in respect of which the application is being made is proposed to be carried on wholly or partly within the area of a local authority in England, Wales or Northern Ireland, the appropriate licensing authority must give notice of the application, or require the applicant to give notice of the application, to that local authority (whether or not notice has been published under subsection (1)).

(4) The appropriate licensing authority must not proceed with an application unless—

(a) notice has been published under subsection (1) (but see subsection (7)), and

(b) notice has been given under subsection (3) to any local authority to which notice of the application is required to be given by virtue of that subsection (but see subsection (8)).

(5) If the appropriate licensing authority—

(a) publishes notice of an application, in pursuance of subsection (1)(a), or

(b) gives notice of an application to a local authority, in pursuance of subsection (3),

the licensing authority may require the applicant to pay a fee towards the reasonable expenses of doing so.

(6) If an applicant fails to comply with a requirement made by the authority under subsection (5), the authority may—

(a) refuse to proceed with the application, or

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

(7) Subsection (1) does not apply in the case of any particular application if—

(a) the authority considers that notice of the application should not be published, or

(b) the Secretary of State certifies that in the opinion of the Secretary of State publication of notice of the application would be contrary to the interests of national security.

(8) Subsection (3) does not apply in the case of any particular application and any particular local authority if—

(a) the appropriate licensing authority considers that notice of the application should not be given to the local authority, or

(b) the Secretary of State certifies that in the opinion of the Secretary of State it would be contrary to the interests of national security to give notice of the application to the local authority.

(9) In this section “local authority” means—

(a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council;

(c) in relation to Northern Ireland, a district council.

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)

C4 S. 68 excluded by 2008 c. 29, s. 149A(5) (as inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 4(2) (with s. 111); S.I. 2011/556, art. 3(2)(a))

Commencement Information

I1 S. 68 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)