Guidance

Marine Licensing monitoring policy

Published 3 May 2019

1. Background

The MMO is responsible for the issuing of marine licenses that promote economically and socially beneficial activity, and minimise adverse effects on the environment, human health and other users of the sea.

The MMO determine a variety of marine licensing activities and licence holders can be individuals or private, public and third sector organisations. The level of assessment applied to applications is largely based on the complexity and the risk posed by that activity to human health, the environment or other legitimate uses of the sea. The MMO can also take into account any other factors it considers relevant to the application. Activities suitable for self-service require the least level of assessment, whereas complex applications typically require the greatest level of assessment. Where licenses are granted the imposition of conditions corresponds to the complexity or risk posed by the activity.

The MMO monitors marine licence activities to ensure compliance with the licence conditions, and that these conditions are effective in minimising any adverse impacts on human health, the environment and other legitimate uses of the sea. MMO’s Monitoring, Compliance and Enforcement Strategy sets out an overarching strategy for how the MMO undertakes those activities with those who are regulated. This subsidiary policy sits below the overarching Strategy and provides additional detail specific to the monitoring of marine licenses.

Complex marine licensable activities such as large-scale projects, those in or near designated sites, and those with greater environmental risk, or use novel technology or have a poor record of compliance are likely to be monitored more closely and more often.

The MMO intends to develop a trusted customer model which will benefit licence holders who can consistently demonstrate compliance with their licence and conditions.

The monitoring of marine licenses will be carried out by marine licensing and marine enforcement officers.

The MMO aims to provide an estimate before undertaking any monitoring.

Where applicable, the MMO will recover the costs for carrying out marine licence monitoring in accordance with the Public Bodies (Marine Management Organisation) (Fees) Order 2014, as follows:

• Band 1 application fees are inclusive of monitoring
• Band 2 applications will be charged at £94 an hour up to a maximum of £750 for the life of the licence
• Band 3 applications will be charged at £94 an hour

2. Monitoring policy

The MMO may monitor the licence activities by:

• Administrative monitoring – routine checks of self-service licenses and use of the Marine Case Management System
• Monitoring information – reviewing information/evidence submitted by the licence holder to discharge/or demonstrate compliance with a condition
• Monitoring inspections – On-site based checks to ensure compliance with the licence activities and conditions

Marine licenses processed as a Band 1 will usually be monitored via administrative monitoring once, immediately after issue and the cost of this is included in the fixed fee.

For marine licenses processed as a Band 2 application, we will:

• review monitoring information and confirm the condition(s) has been met though a discharge letter
• aim to carry out a monitoring inspection if appropriate and issue a report to the licence holder of the results. If the report identifies areas of non-compliance these will be clearly set out
• issue an invoice following the monitoring activity up to a maximum of £750, for the life of the licence.

For marine licenses processed as a Band 3 application, we will:

• review monitoring information and confirm the condition(s) has been met though a discharge letter
• aim to carry out two monitoring inspections a year if appropriate and issue a report of the results to the licence holder. If the report identifies areas of non-compliance these will be clearly set out
• issue an invoice, in line with the estimate provided, following the monitoring activity

Any monitoring undertaken will be proportionate and necessary in accordance with the MMO Compliance and Enforcement Strategy.

3. Enforcement

On the occasions where a discharge letter or monitoring report indicates a minor breach of the marine licence conditions which cannot be resolved by an oral or written advice or the breach is more serious, the matter will be investigated in line with the MMO’s Risk-based Enforcement Process.

4. Appeals

Appeals against enforcement/compliance action such as a stop notice may be made via the First-tier tribunal.

If you have any complaints about MMO actions under this Policy you should follow our published complaints policy.