C3C4C5C6Part 4Marine licensing
Pt. 4 excluded (E.W.S.) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)
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)
Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)
C1C2C3C4C5Chapter 1Marine licences
Pt. 4 Ch. 1 modified (E.W.S.) (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 27 (with art. 30)
Pt. 4 Ch. 1 modified (E.W.S.) (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 11, Sch. 13 Pt. 2 Sch. 14 Pts. 2 (with arts. 12, 13, Pt. 2 para. 6, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4, Sch. 12 paras. 19)
72AF1Further 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.
Pt. 4 excluded (E.W.S.) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)