Guidance

Introduction - Self-service marine licensing guidance

Updated 16 February 2024

Use the Interactive assistance tool to check whether your activity is one that is suitable for self-service marine licensing or to apply for a self-service marine licence.

The MMO classes a number of activities as low risk because they are sufficiently consistent in nature and extent. In specific circumstances these activities are not subject to the standard marine licensing process. Instead they might qualify for a self-service marine licence.

Self-service marine licensing replaces the previous fast-track marine licence process which required bespoke consideration by the MMO’s case officers.

A self-service marine licence costs a fixed fee of £50.

The marine case management system (MCMS) contains an assistance tool which helps applicants to self-assess their activity. Activities which meet the criteria can obtain an instant consent – ‘a self-service marine licence’.

You should use the self-service activities table and general self-service guidance before using the assistance tool. These resources can help you to understand whether a marine licence is required for the activity and whether the activity is one that qualifies for self-service marine licensing.

1. Basic criteria for self-service marine licensing

1.1 Duration of works

Activities which cannot be completed within the 12 month period following the issue of the licence are not suitable for self-service marine licensing. For burials at sea this time period is 3 months.

1.2 Larger projects

Self-service marine licensing is intended to enable small scale low risk activities to be regulated in a proportionate manner. Activities forming part of active larger projects which require environmental impact assessment will not be suitable for self-service.

1.3 Activity location

Activity locations should not exceed an area covering 10 square miles. If activities are proposed to be carried out at multiple locations, the area of each location combined must not be greater than 10 square miles and each location must be not more than 10 miles from the other.

Applications which do not meet these criteria will not be suitable for self-service although seperate applications may be made.

The MMO Geographical Information System (GIS) contains a tool which can help with measuring.

1.4 Public register

The MMO is required to maintain a public register of activities. Self-service applications and supporting information will be published on the MMO’s public register.

The only circumstance in which information will be withheld is if the MMO determines that:

• its disclosure would be contrary to the interests of national security; or
• its disclosure would adversely affect confidentiality of commercial or industrial information where such confidentiality is provided by law to protect legitimate commercial interest.

If you believe any information should be withheld you will be redirected to standard licensing. Your request will then be considered against the framework for withholding information from the public register.

2. The marine licensing assistance tool

You can access the assistance tool from the workbasket menu option on the MCMS. You can also access the tool using the link on the login page on the MCMS.

The assistance tool guides you through a series of questions. The MMO has designed these questions to help work out if the activity needs a marine licence and if it is suitable for self-service.

If at any stage an option is selected that is not compatible with self-service you will be referred to another appropriate service. Other services include a standard marine licence application, Environmental Impact Assessment screening request, sample plan, pre-application enquiry or exemption notification.

3. Step 1: is the activity covered by the MMO’s marine licensing powers

When you access the tool you will be asked in broad terms where the activity is proposed to take place. This is to help establish if it falls within the MMO’s marine licence jurisdiction. The MMO has also provided an additional GIS to help with this.

The tool will then ask you to select which activities are proposed to be carried out. You will need to choose from a list of high-level activity types. The location and the activity type help inform whether or not you will need a marine licence. These activity types are:

• construction and maintenance – Construction, alteration and improvement of works. Includes the removal of marine growth from structures or assets. (Excluding vessels.)
• deposit – The deposit of any substance or object. Includes burial of human remains at sea and deposit of marine growth resulting from cleaning a vessel.
• removals – The removal of a substance or object. If you wish to remove marine growth for the purpose of maintaining a structure or assets (other than vessels) you should select ‘construction’. If you wish to remove marine growth from a vessel you should select ‘deposit’.
• dredging – Any form of dredging whether or not involving the removal of material from the sea or sea bed including beach maintenance activities (excluding disposal). If you also want to dispose of dredged material to sea you should also select ‘deposit’.
• incineration – Incineration of a substance or object on any vehicle, vessel, marine structure or floating container;
• scuttling – Scuttling of a vessel or floating container
• explosives – The deposit or use of any explosive substance or article

Depending on the activity type you choose you may be asked further questions about the circumstances.

You will then be directed to the most appropriate service, either:

• activities not suitable for self-service will be directed to standard marine licensing processes
• potential self-service activities will be able to continue and test the circumstances against more specific self-service criteria

4. Step 2: does the activity qualify for self-service

The assistance tool will next ask you to choose a lower-level activity type that matches the description of the proposed activity.

If a suitable lower level activity type is available you will be provided with a range of sub-activities to select from. Multiple sub activities may be selected. Depending on what you choose you will either proceed to the next stage of self-service assessment or be directed to standard licensing.

A full list of self-service activities is set out in the self-service activities table.

5. Step 3: are the location and circumstances compatible with self-service

Proceeding beyond this stage means you have established that your activity is a type compatible with self-service marine licensing.

You will be asked questions to work out if the location and circumstances of the proposed activity are also appropriate for self-service marine licensing. The questions are split into:

• Basic criteria
• Site sensitive factors

5.1 Site sensitive factors

You need to know if any sensitive factors are present or near the location for your proposed activity.

The presence of some sensitive factors in the area may mean additional steps need to be taken in order for the activity to be suitable at your preferred location or that your activity is not suitable for self-service marine licensing in any circumstances.

The MMO has produced a quick reference method statement requirements table to help you understand when additional steps might be required. Please note that where an agreed method statement is required you need to contact other organisations and you must take into account the relevant response times when seeking their agreement.

You are responsible for making sure you understand the status of the area where your activity is proposed. You will be asked to confirm you have carried out a site search and answer a series of site specific questions during the application process.

The MMO’s GIS will help you. It contains ‘site sensitive’ layers which show sensitivities on a map. Layers include:

• MMO UK marine licence area’s
  • Mean High Water
  • English inshore and offshore
  • Welsh offshore
  • Northern Irish offshore
• Military or defence
  • Munitions dumping grounds
  • MOD danger and exercise areas
  • Military practice areas
• Other uses of the sea
  • Cables
  • Pipelines
• Navigation
  • Harbour administrative areas
  • IMO routing measures
• Heritage
  • Sites protected by Military Remains Act 1986
  • Scheduled ancient monuments
  • Protected wreck sites
• MPAs
  • Marine Conservation Zones (MCZs) (designated and recommended)
  • Special Areas of Conservation (SACs) (designated and candidate)
  • Special Protection Areas (SPAs) (designated and potential)
  • Ramsars
  • SSSIs

5.2 Heritage assets

Heritage assets are an important part of the marine environment. It is essential that measures are in place to protect them.

The MMO has identified areas that are sensitive even to low risk activities. In some cases self-service criteria and conditions applied to licences will provide adequate mitigation. However, in some circumstances activities may need to be supported by a method agreed by or valid consent from Historic England, or not be considered suitable for self-service licensing.

Activities within sites protected under the Protection of Military Remains Act 1986 are not suitable for self-service marine licensing in any circumstances. All crashed military aircraft are automatically ‘protected remains’ and sunken military vessels are designated as ‘Protected Places’ for the purposes of the Act, even where their location is not presently known.

The GIS tool only records known sites and is therefore not exhaustive. Applicants will need to satisfy themselves that they meet the criteria based on their specific circumstances and through their own enquiries where appropriate

Activities requiring an agreed method statement from Historic England in order to be suitable for self-service marine licensing include:

• Activities taking place within or involving vehicular access through a heritage designation
• Activities for the purpose of or related to establishing the presence or nature of items of archaeological or historic interest of any kind
• Activities involving the removal of items of archaeological or historic interest
• Activities involving removal of material from a wreck site anywhere at sea

‘Heritage designation’ is defined as:

• Protected wrecks designated under the Protection of Wrecks Act 1973
• Scheduled monuments designated under the Ancient Monuments and Archaeological Areas Act 1979
• Listed buildings designated under The Planning (Listed Buildings and Conservation Area) Act 1990

‘Archaeological or historic interest” includes all traces of human existence having a cultural, historical or archaeological character such as:

• sites, structures, buildings, artefacts and human remains, together with their archaeological and natural context
• vessels, aircraft, other vehicles or any part thereof, their cargo or other contents, together with their archaeological and natural context; and objects of prehistoric character

‘Wreck site’ means the location of any aircraft or vessel lying wrecked on or in the seabed or of any objects contained or formerly contained in it lying on or in the seabed near the wreck.

Draft method statements should be prepared on the appropriate Historic England Self Service Method statement template and sent to MPUconsultation@historicengland.org.uk. A copy of the agreed method must be uploaded to your self-service application.

If you are unsure of whether your activity falls within such an area you should select the appropriate layer(s) in the MMO GIS.

5.3 Marine Protected Areas

Marine Protected Areas (MPAs) are an important part of the marine environment. It is essential that measures are in place to protect them.

In some cases (selected activities) self-service activity criteria and conditions applied to licences will provide adequate mitigation. However in many circumstances, activities in or within 200m of MPAs have the potential to have adverse effects. They will not be suitable for self-service marine licensing unless accompanied by an agreed method statement from Natural England.

‘Marine protected area’ means:

• Marine Conservation Zones (MCZs) (designated and proposed)
• Special Areas of Conservation (SACs) (designated and candidate)
• Special Protection Areas (SPA’) (designated and potential)
• Ramsar
• Special Sites of Scientific Interest (SSSIs)

‘Selected activities’ mean:

• Burial at sea
• Re-painting structures or assets which includes preparation work
• Removal of marine growth from structures and assets other than vessels
• Deposit and subsequent removal of marker buoys including racing markers
• Deposit and subsequent removal of scaffolding or access towers

Activities involving vehicle access across intertidal coastal habitats that form part of MPAs will also not be suitable for self-service marine licensing unless they are accompanied by an agreed method statement from Natural England.

Draft method statements should be prepared on the appropriate Natural England Method statement template and sent to Natural England at consultations@naturalengland.org.uk. Further detail on Natural England’s advice can be found here.

You must upload a copy of the agreed method when you submit the application.

If you are unsure of whether your activity falls within such an area you should select the appropriate layer(s) in the MMO GIS..

Please note, as a result of the judgment of the European Court of Justice in the case of People Over Wind and Sweetman v Coillte Teoranta (C-323/17), it is no longer acceptable to take into account any mitigation measures when determining whether or not a plan or project is likely to have a significant effect on a European site (SAC’s, SCI’s or SPA’s). Mitigation measures are those measures included in a proposal for the purpose of avoiding or reducing the harmful effects of the envisaged project on the site concerned. The same requirement extends to RAMSAR sites.

If, without incorporating mitigation measures into your plan or project, your proposal is likely to have a significant effect on a European or RAMSAR site then your application must not be made through the self-service marine licensing system and you should apply using the standard marine licensing process. Any mitigation measures you intend to take to avoid or reduce any harmful effects of your proposed plan or project on a European Site or a RAMSAR site must be considered at the Appropriate Assessment Stage of the Habitats Regulation Assessment process, hence the need to consider these applications as part of our standard marine licensing process.

‘Likely’ should be taken to mean an effect that could happen if its occurrence cannot be ruled out, based on the best available evidence.

‘Mitigation measure’ should be taken to mean a measure that it’s specifically included in a proposal to avoid, cancel or reduce an impact.

‘Likely’ should be taken to mean an effect that could happen if its occurrence cannot be ruled out, based on the best available evidence.

An effect is to be considered ‘significant’ if it undermines the conservation objectives for the site.

Any plan or project which will result in the lasting and/or irreparable loss of habitat (regardless how small), will mean that the project is likely to have a significant effect on a European site and as such must be subject to an Appropriate Assessment. Such activities are therefore not permitted under self-service licensing, and must be considered under the standard licensing process where the full implications for the site can be assessed.

Conservation advice packages can be found here.

Applicants approaching NE in order to secure an agreed method for works in MPA’s will be advised accordingly and in the event that if any of the above specifics set out are present a method will not be agreed. Applicants who have already agreed a method for the proposal with Natural England but have not yet submitted an application for a self-service marine licence are advised to contact Natural England for confirmation that the agreed method remains valid

5.4 Military or defence

UK waters are a crucial environment in which Ministry of Defence (MoD), including HM Armed Forces and the Royal Fleet Auxiliary, must maintain and deploy the operational capability required to achieve security for the people of the UK and Overseas Territories.

The MoD has the power to regulate sea areas and restrict their use either temporarily or permanently. Marine activities should not prejudice the interest of defence and national security.

Activities proposed to be carried out in areas used for military or defence purposes will not be suitable for self-service unless the activity is carried out by or on behalf of the MoD or the MoD has been consulted and permission to carry on the activity has been granted.

Enquiries regarding permission to carry out activities within military or defence areas should be addressed to Jon Wilson, DIO estates safeguarding, DIO-Safeguarding-Offshore@mod.gov.uk.

If you are unsure of whether your activity falls within such an area you should select the appropriate layer(s) in the MMO GIS.

5.5 Navigation

International Maritime Organisation (IMO) routing measures are part of a system which helps ships to follow predetermined routes to avoid hazards to navigation at sea.

Navigation hazards include:

• risk of collision with traffic in areas of high transit volume
• shallow water areas
• areas where certain ships have potential to damage the marine environment and ecology

Activities proposed to be carried out within, or in the approaches of an IMO routing measure are not suitable for self-service, unless the proposed activity relates to maintenance or management of the measure.

If you are unsure of whether your activity falls within such an area you should select the appropriate layer(s) in the MMO GIS.

Scaffold

Activities relating to the use of scaffold, where the activity would impede safe or normal navigation through the reduction of head clearance or navigational channel width, will only be suitable for self-service licensing if they are accompanied by an agreed method statement. This method statement must be agreed with either the local harbour authority or otherwise the Maritime and Coastguard Agency (MCA) and Trinity House.

Draft method statements should be prepared on the appropriate method statement template and sent to the appropriate body.

Markers

Lighting and marking configuration requirements must have been agreed with either the local harbour authority or if such body does not exist, Trinity House. Activities without agreed lighting and marking will not be suitable for self-service.

Draft method statements should be prepared on the appropriate method statement template and sent to the appropriate body.

Method statements

• Method statements for agreement with MCA should be sent to navigationsafety@mcga.gov.uk.
• Method statements for Trinity House should be sent to navigation.directorate@thls.org.

Contact details for relevant local harbour authorities may be found at http://www.ports.org.uk/

You must upload a copy of the agreed method when you submit the application.

5.6 Other uses of the sea

The marine area has many existing uses. Self-service marine licensing is intended to enable small scale low- risk activities to be regulated in a proportionate manner. New activities have the potential to impact or conflict with existing uses where they are not related and therefore more detailed consideration ensuring compliance with the Marine Policy Statement and relevant marine plans is necessary.

Activities that are intrusive in nature (dredging, boreholes, trial pits, grab samples) and proposed to be carried out in an area shown on an admiralty chart as hosting cables, pipelines or other existing assets or structures will not suitable for self-service unless the activity is for the purpose of marking, maintaining or otherwise enabling the continued use of the asset or structure.

If you are unsure of whether your activity falls within such an area you should select the appropriate layer(s) in the MMO GIS.

6. Step 4: completing and downloading a self-service licence

If your activity meets all relevant criteria you will be notified that your activity is suitable for self-service marine licensing. The MCMS will prompt you to continue to the final stage by selecting the self-service application option.

If you have not already done so you will now be prompted to login at this stage. If you do not already have an account you will need to register.

MCMS will record all answers you previously submitted. It will ask you to give a brief overview about the project, answer questions about related consents and give contact details for the licence holder.

You will then be asked to create appropriate sites and add relevant activities from a list. This list will be populated using the activity information you provided earlier in the process.

You must preview the licence to make sure it accurately reflects the activities proposed and information provided. You will be asked to sign a declaration to say it is correct and confirm the answers you have provided are true.

After you have done this and paid the fee you will receive the licence automatically. It will include a licence number, personal details and will be available to use.

6.1 Administration, compliance and enforcement

Payment, refunds and variations

Self-service marine licence applications are charged a fixed fee of £50.

Payment will only be accepted when made by credit or debit card. Payment will be prompted automatically at the appropriate stage of the online application processin advance. Payments must NOT be made by BACS. Any BACS payments for self-service will be returned and no licence will be issued.

It is important that you preview your licence before payment to make sure it is correct as the MMO is unable to refund your fee or make changes to a self-service licence once you’ve obtained it. Self-service marine licences cannot be varied.

Returns

You are required to provide some information about your activity to the MMO no less than 24 hours before any licensed activity begins. You can do this using the returns function in the MCMS.

Additional information required by the MMO:

• Notification prior to the commencement of the first instance of any licensed activity
• Details of any agents, contractors or subcontractors that will carry out any licensed activity on behalf of the licence holder
• Details of any vessel being used to carry out any licensed activity where applicable. Notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company

Enforcement

The MMO will monitor the use of self-service licences and carry out inspections in accordance with our compliance and enforcement policy.

The MMO will investigate the matter and may take enforcement action if:

• false or misleading information is supplied
• there is a failure to disclose relevant information
• it becomes apparent there is a breach of the terms and conditions of the self-service licence

Other consents

The issue of a self-service marine licence does not absolve you from seeking any other consents or approvals which may be required before you embark upon the activity to which it refers. For example, planning consent is often necessary for works to be undertaken above the low water mark, scheduled monument or listed building consent for works to certain designated heritage assets.

In addition, agreement may be required from any land owner having proprietary rights over the seabed and foreshore - commonly the Crown Estate Commissioners. In some cases approval of the Environment Agency may also be necessary (e.g. where the works involve a discharge or have implications for flood defences).