Marine environment: licensing and consenting requirements

Information relating to licensing and consenting requirements administered by Marine Directorate – Licensing Operations Team (MD-LOT).

Introduction

There are a number of different licensing and consenting requirements within the marine environment. This page provides information on the requirements administered by MD-LOT on behalf of Scottish Ministers.

Marine licensing

Certain activities in Scotland’s seas require a marine licence before they can be carried out. Marine licensing is an important way of permitting activity whilst protecting the environment, human health and legitimate uses of the sea.

Section 36 consent

Any proposal to construct, extend or operate a generating station with a generation capacity in excess of 1 megawatts (MW) situated in the Scottish territorial sea (out to 12 nautical miles (nm) from the shore, or with a generating capacity in excess of 50 MW in the Scottish Offshore Region (12 to 200 nm), will require consent under section 36 of the Electricity Act 1989.

Environmental impact assessment overview

Certain marine licence or section 36 consent projects require an Environmental Impact Assessment (EIA).

Habitats Regulations Appraisal

Habitats Regulations Appraisal is the process through which a competent authority assesses the impact of a proposed plan or project on a European site (Special Area of Conservation or Special Protection Area).

 

Making a representation on an application

In most cases, details of applications for marine licences and section 36 consent are made available on Marine Scotland information and a notice of an application is published.

Safety zones

Under the Energy Act 2004 (Part 2, Chapter 2)Scottish Ministers can declare safety zones for securing the safety of a renewable energy installation, individuals in or on an installation or vessels or individuals on such vessels in that vicinity. The Scottish Ministers can declare a safety zone on an application made to them or on their own initiative.

Decommissioning programmes

Under the Energy Act 2004 (Part 2, Chapter 3), Scottish Ministers can require developers of offshore renewable energy projects in Scottish waters and the Scottish part of a Renewable Energy Zone, to prepare a decommissioning programme detailing how they intend to remove the installation when it comes to the end of its useful life and how the costs of doing so will be funded.

Marine European Protected Species and basking sharks licensing

The Conservation (Natural Habitats, &c.) Regulations 1994, The Conservation of Offshore Marine Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981 cover licensing for marine European Protected Species (EPS) and basking sharks. All cetacean species (whales, dolphins and porpoise) are EPS. Where an activity is likely to cause disturbance or injury to an EPS or basking shark, an EPS licence or basking shark licence is required to undertake the activity legally.

Seal licensing

Part 6 of the Marine (Scotland) Act 2010 makes it an offence to kill any seal at any time, except under specific licence or for animal welfare reasons to end suffering. Seal licences authorise the killing or taking of seals for a number of purposes.

Noise registry

Defra and the Joint Nature Conservation Committee (JNCC) have developed the Marine Noise Registry (MNR) to record human activities in UK seas that produce loud, low to medium frequency (10Hz – 10kHz) impulsive noise.

Licensing and consenting application fees

Further information on application fees for marine licences and section 36 consents can be found in the below publication.

Jurisdiction

MD-LOT administers the above functions on behalf of Scottish Ministers in Scotland’s seas.

Privacy notice

Further information on how personal information provided in the licensing and consenting process is used can be found in the below publication.

Contact

Applications for marine licences, EPS licences and basking shark licences (not connected with a renewable energy project) and any queries in relation to marine licensing should be made to MS-LOT.

Email: MD.MarineLicensing@gov.scot

Tel: +44 (0)300 244 5046

Marine Directorate - Licensing Operations Team
Marine Scotland
375 Victoria Road
Aberdeen
AB11 9DB

Applications for section 36 consent, safety zone declaration, marine licences (for renewable energy projects), EPS licences and basking shark licences (in relation to renewable energy projects) and any queries in relation to consenting and licensing of offshore renewable energy projects should be made to MD-LOT.

Email: MD.MarineRenewables@gov.scot

Tel: +44 (0)300 244 5046

Marine Directorate - Licensing Operations Team
Marine Scotland
375 Victoria Road
Aberdeen
AB11 9DB

Back to top