The Marine Licensing (Application Fees) Regulations 2011

• Citation: S.I. 2011/564
• Sections: 5

Section 1 Citation and commencement

These Regulations—

(a) may be cited as the Marine Licensing (Application Fees) Regulations 2011; and

(b) come into force on 6th April 2011.

Section 2 Application

(1) 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 section 113 of the Marine and Coastal Access Act 2009 .

(2) But these Regulations do not apply in relation to any such application relating to an activity falling within the subject matter of—

(a) the Petroleum Act 1998 , or

(b) Part 1 (gas importation or storage), 4 (provisions relating to oil and gas) or 4A (works detrimental to navigation) of the Energy Act 2008 .

Section 3 Fees for applications for marine licences

(1) The Schedule sets out the fees payable for determining an application for a marine licence.

(2) All fees are payable on demand to the Secretary of State.

(3) Payment of any fee may be made by electronic means.

(4) Payment of a fee is not received until the Secretary of State has received cleared funds for the full amount due.

(5) Any unpaid fee may be recovered by the Secretary of State as a civil debt.

Section 4 Deposits in cases where fee payable at hourly rate

(1) Where the fee for determining an application falls within Band 3 in the Schedule (£80 per hour worked), the Secretary of State may require the applicant to pay a deposit of up to £10,000 on account of the fee payable.

(2) The amount of the deposit must be calculated by reference to the estimated duration of the work likely to be required in relation to the application and the hourly rate payable.

(3) If an applicant fails to comply with a requirement to pay a deposit made under paragraph (1), the Secretary of State may—

(a) refuse to proceed with the application, or

(b) refuse to proceed with it until the deposit is paid.

Section 5 Repayment, waiver or reduction of fee

(1) Fees paid are non-refundable.

(2) But the Secretary of State may repay any fee, or any part of any fee, if the Secretary of State sees fit.

(3) The Secretary of State may waive or reduce any fee if the Secretary of State sees fit.