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(This note is not part of the Regulations)
These Regulations apply in relation to any application for a marine licence in relation to which the Secretary of State is the appropriate licensing authority under the Marine and Coastal Access Act 2009, other than any application relating to an activity specified in the exception to regulation 3.
Under section 67(1)(b) of that Act the appropriate licensing authority may require that an application for a marine licence be accompanied by a fee. These Regulations set out those fees.
Regulation 4 provides that the fee for determining a licence is an amount calculated by multiplying the number of hours worked by £94, subject to an upper limit (“cap”) in relation to any application of a certain description (“band”). The bands and (where specified) the caps are set out in paragraph 1 of the Schedule.
Band 1 relates to applications relating to activities of a minor nature. Bands 2A to 2E relate to any application which does not fall within Band 1 or exclusively within that Band, and which is a “specified activity” the estimated cost of which falls within one of the ranges listed in the Schedule. “Specified activity” is defined in paragraph 2 of the Schedule and includes deposits within the UK marine licensing area, the construction, alteration or improvement of works and the use of a vehicle to remove substances, but excludes certain activities which have potentially serious implications for the environment or human health. Band 3 relates to any application relating to a “specified activity” the estimated cost of which exceeds £999,999, and any application relating to any activity which neither falls exclusively within Band 1 nor falls within Band 2.
Regulations 5 to 7 contain additional provisions relating to the payment of such fees, deposits, repayment, waiver and reduction of fees.
Regulation 8 revokes the Marine Licensing (Application Fees) Regulations 2011 (“the 2011 Regulations”), and regulation 9 contains transitional and saving provisions. By virtue of these provisions the 2011 Regulations apply to any application received before 6th April 2014 (whether or not determined by the Secretary of State before that date), except where such an application falls within the description in Band 1 or Band 2 in the Schedule to the 2011 Regulations and the amount of the fee determined in accordance with the 2011 Regulations would be greater than it would be if it were determined in accordance with these Regulations.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.gov.uk/defra and is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.
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