Guidance

Make a marine licence application

This detailed guidance was withdrawn on 2 October 2014

revised content

Details of how to apply for a marine licence, what documents you need to provide, how much it costs and how long it will take

To apply for a marine licence, register on MMO’s online system and set up your online account.

Overview

A marine licence is required for many different types of activity. The Marine Management Organisation (MMO) is the licensing authority for England and for activities taking place from British vessels outside UK waters.

We aim to make a decision on most applications within 13 weeks of an application being validated. However, each application is different and some applications will take longer than this, while others will take less time. Some low-risk activities may be eligible for fast track processing and some low-volume dredging activities may be suitable for the accelerated licensing process.

We recover the cost of marine licensing by charging fees to licence applicants. We also provide 2 hours free advice and strongly encourage you to speak with us before submitting an application. This is particularly important if your project is likely to:

We can advise you what information is required to support your application. This could include sampling and sediment analysis.

Your application will not be progressed until the required information has been provided and your application may be rejected if it does not contain all the information needed.

When you apply

To apply for a marine licence, register on MMO’s online system and set up your online account. You can then use your online account to submit a marine licence application. You can also submit:

  • enquiries
  • environmental impact assessment screening requests
  • environmental impact assessment scoping requests
  • environmental statement review requests
  • marine licence variation requests

You can log in to check the progress of your application at any time.

After we receive your application we will need to validate it. We will check that:

  • you need a marine licence for the activities you propose
  • the application and any supporting documents are complete
  • appropriate payment has been made
  • all relevant information is provided

Once an application has been validated we will start to process it.

Assessing marine licence applications

We make decisions in accordance with the Marine Policy Statement and relevant marine plans, unless relevant considerations indicate otherwise. In deciding an application, we must consider all relevant matters including the need to:

  • protect the environment
  • protect human health
  • prevent interference with legitimate uses of the sea.

We will also consider other relevant policies and plans and some applications may be subject to other forms of assessment.

We may consult interested parties about your application. This usually includes other public authorities and agencies and we will often consult the public too. If we do this we may require you to place notices in national and local publications. More than one advert may be needed if an application is to be advertised under more than one piece of legislation or regulations.

We base our decisions on the best available evidence, but this information is rarely perfect. There may be a potential impact risk, but scientific uncertainty about exactly what this might be. The Precautionary Principle is applied when making licensing decisions in such circumstances and this does not allow a lack of full scientific certainty to be used as a reason to postpone cost-effective measures to prevent environmental harm.

Determining an application

Having assessed an application, we will either:

  • grant the licence
  • grant the licence subject to conditions
  • refuse the application.

Conditions will often be used to mitigate adverse impacts to the environment, human health and other legitimate uses of the sea. These could include:

  • timing restrictions being placed on activities
  • detailed method statements being agreed before activities commence
  • requirement to issue notices to mariners to inform users of activities
  • restrictions on the materials that can be used

Conditions must be:

  • necessary
  • related to the activity or development for which a marine licence is sought
  • enforceable
  • precise
  • reasonable

We will set out a record of our reasons for refusing an application or applying any conditions to a licence.

After a decision is made

Conditions

If a licence is granted, there may then be work to do to discharge conditions, like having detailed method statements approved before you start the activity. Failing to comply with a condition is a breach of your licence.

We may monitor changes in the environment resulting from your activities by requiring you to submit monitoring reports or by inspections or other means. Some monitoring reports, such as noise reports for piling activities, may need to be submitted while the activity is happening. Others may be required after the activity is completed, for example assessments of the success of mitigation measures.

Appeals

After a decision has been made, you (the applicant) can appeal:

  • a decision to not to grant a licence
  • conditions attached to a licence
  • the length of a licence

In England appeals are heard by the Planning Inspectorate (PINS) on behalf of the Secretary of State. Only the applicant can appeal a decision. However, a challenge in the courts by judicial review may be available to a third party.

You have 6 months from the date of the decision to notify PINS that you want to make a formal appeal stating your preferred procedure from:

  • written representations
  • hearings
  • inquiries

We will also be asked to indicate a preferred procedure and PINS will then decide which will be followed. The start date of the appeal is the date that we receive notification of this decision.

PINS then appoints an inspector on behalf of the Secretary of State to consider any appeal.

There are legal time limits for parts of the procedure that you and MMO must keep to. This is given in detail in the Department for Environment, Food and Rural Affairs guidance (PDF, 540KB)

The inspector may dismiss the appeal, or allow the appeal and quash our original decision in whole or in part. If the licensing decision is quashed, then we may be directed to grant a marine licence, or grant a licence subject to conditions defined by the appeal decision.

An appeal decision can be challenged by judicial review.

Both sides will normally be expected to pay their own expenses during an appeal. However, the inspector has the power to award costs to any party where a hearing or inquiry is held, or scheduled, but subsequently cancelled at a late stage. There is no provision for costs orders to be made in written representation cases.

Before appealing a decision, you (the applicant) can request that we carry out an internal review of the decision if you are unhappy with it. This may save time and money for all sides if a formal appeal is avoided.

Vary, suspend or revoke a marine licence

We can vary, suspend or revoke a marine licence on any relevant grounds such as:

  • a breach of any conditions
  • a change in circumstances relating to the environment or human health
  • a change in scientific evidence
  • navigational safety

The procedure to appeal a variation notice is set out in the Marine Licensing (Notices Appeals) Regulations 2011

Contact details

To check if your activity needs a marine licence or to discuss any aspect of the application process with us, call Marine Management Organisation on 0300 123 1032 or email marine.consents@marinemanagement.org.uk or place an enquiry through the online system.

Other consents

You should be aware that you may also require other consents for your activities before they can be carried out.

For example, if your activity is in or next to a site of special scientific interest (SSSI), you may need consent from Natural England. Works taking place partly on land often require planning permission from the local planning authority. If there is a discharge of some kind an environmental permit from the Environment Agency may be needed.

Some port developments may require a harbour orderfrom MMO. Offshore energy generating stations may also require some other consents from MMO.

All intrusive works on the seabed within 12 nautical miles of the coast are likely to require consent from the Crown Estate, along with some works outside 12 nautical miles. Email consents@thecrownestate.co.uk for further information or clarification as to whether a small works consent is required. If consent is required, a short application form will need to be completed and the application will take up to 4 weeks to process.

It is your responsibility to ensure that you have all necessary consents in place before carrying out any activities.

Notifications of exempt activities

Some activities can be carried out without a licence under an exemption. Often these exemptions are subject to certain conditions that must be met before you carry out the activity. Further information on when a marine licence is needed, including where an exemption may apply, can be found on the Do I need a marine licence page.

One common condition is that you must notify MMO that you intend to carry out the activity before you do it. You can notify us by completing this exemption form (PDF 113KB, 1page) and emailing it to exemptions@marinemanagement.org.uk

You should include details of how you will comply with any conditions associated with the exempt activity.

Contact information

Marine Licensing Team

0300 123 1032

marine.consents@marinemanagement.org.uk