Marine licensing: Information you may need to supply to support your marine licence application
Information about impact assessments for marine licence applications.
Overview
Your application will need to conform with all the relevant policies, considering economic, environmental, and social factors. You must supply enough information for us to make a decision about the possible environmental impact your activity or project may have.
The Marine Management Organisation (MMO) provide marine licences under the Marine and Coastal Access act, but also have to have regard to various other legislation while they undertake their decision. Certain projects and certain areas will be required to provide further information depending on different legislation.
The Marine Works (Environmental Impact Assessment) Regulations 2007 requires that certain types of projects with the potential to significantly affect the environment must have an Environmental Impact Assessment before a marine licence decision is made.
Some specific parts of the marine area benefit from protection in law including Marine Conservation Zones (MCZs), European protected sites, and protected species’ habitats.
Laws and regulations also exist to protect the environment from particular types of harm, and these measures include the Water Environment (Water Framework Directive) Regulations 2017 and Waste (England and Wales) Regulations 2011.
If applicable to your case, all of the above will require additional assessments to be undertaken, either by the applicant or the MMO. More information is provided below.
We recommend you contact us before you start your application so our team can advise on what you should include in your application.
You can contact us by submitting an enquiry from your account on our online licencing system. If you do not have an account, you’ll need to register first and then submit your enquiry. Submitting an enquiry may incur a charge. Find out about our fees.
If you submit a marine licence application with incomplete information, we will not process it. In most cases we’ll ask you to supply the missing information. In some circumstances we’ll need to reject the application.
Marine Plan Policy Assessment
There are 11 marine plan areas in England. For each marine plan area there are policies in place to encourage sustainable development and balance the needs of the environment, economy, and society.
You’ll need to complete a Marine Plan Policy Assessment as part of your application. This will be completed as a section on the marine case management system.
The document linked below provides more information about what you need to include in your application.
Environmental Impact Assessment (EIA)
If your project is likely to have a significant effect on the environment and is within one of the activities listed below, an Environmental Impact Assessment (EIA) must be carried out before a marine licence can be granted. The aims of an EIA are to protect the environment and allow the public to play a part in making decisions.
Details of the different stages in the Environmental Impact Assessment (EIA) process are given below. We recommend you talk to us before starting an Environmental Impact Assessment (EIA) to make sure your application provides enough information for us to be able to make a decision. We’ll also help guide you if there are any other regulators who may need to approve your application, for example, Natural England, or the local planning authority. You can contact us by submitting an enquiry from your account on our online licencing system. If you do not have an account, you’ll need to register first and then submit your enquiry. Submitting an enquiry may incur a charge. Find out about our fees.
Activities that are likely to require an Environmental Impact Assessment
There are a number of activities that require an Environmental Impact Assessment (EIA), which are listed in Annex I of the EIA Directive and Schedule A1 of Marine Worlds Regulations (MWR), including (but not limited to):
- nuclear power stations
- trading ports
- piers that can take vessels over 1,350 tonnes
Activities listed in Annex II of the EIA Directive and Schedule A2 of Marine Works Regulations (MWR) require an Environmental Impact Assessment (EIA) if they are likely to have significant effects on the environment. Using the criteria outlined in Schedule 1 of Marine Works Regulations (MWR) for determining whether effects are significant, MMO believe that the following projects are significant:
- reclaiming land from the sea
- extracting minerals by dredging
- installations that produce electricity
- wind farms
- shipyards
- port and harbour installations not listed in Annex I / Schedule A1
- coastal work to combat erosion, for example, moles and jetties
Screening for an Environmental Impact Assessment
Screening is used to determine whether a project falls within the remit of The Marine Works (Environmental Impact Assessment) Regulations 2007 and if it is likely to have a significant effect on the environment and therefore needs to have an Environmental Impact Assessment.
Screening is a chargeable service. You can refer to our fees page for more information about the cost of screening.
If you apply for a marine licence without completing screening and we decide that your project or activity does require an Environmental Impact Assessment (EIA) we’ll ask you to withdraw your application and submit a new application after the screening is completed.
There are two options for Environmental Impact Assessment screening. You should choose the option that is best for you. The options are:
1) Screening by Determination
If you choose a Screening by Determination we’ll look at your project and decide if you need to complete an Environmental Impact Assessment.
You’ll need to apply for a Screening by Determination using our online licensing system and select the ‘screening by determination’ option. You’ll be asked to enter some information about your project or activity. We will then assess whether an Environmental Impact Assessment (EIA) is required for the project. Once the assessment is complete, you will then receive a screening opinion which will state whether the project needs an EIA.
Screening Opinion
A screening opinion is issued to an applicant by the MMO following a screening by determination. Evidence of screening will need to be provided alongside relevant applications.
You can request a screening opinion from your account on our online licensing system. When you create the request you must include the following information:
- chart and/or map of location of the project and the regulated activity
- description of the project, including:
- description of physical characteristics of the whole project and, where relevant, demolition works
- a description of location In relation to environmental sensitivity of areas likely to be affected
- a description of aspects of the environment likely to be significantly affected
- a description of likely significant effects of the project on the environment from:
- expected residues, emissions and waste *use of natural resources, in particular soil, land, water and biodiversity
- any other information or representations the applicant wishes to provide/make, including description of any features of the project or measures envisaged to avoid/prevent what otherwise significant adverse effects on the environment.
We aim to issue a Screening Opinion within 8 weeks from the point your application has been assigned to a case team. Allocation happens after you accept the fee estimate for your application.
A Screening Opinion or Screening by Agreement letter will always be required with an Environmental Impact Assessment (EIA) project. We will not be able to process your application without these in place.
2) Screening by Agreement
If you believe that your project or activity requires an Environmental Impact Assessment (EIA) and we agree with you, then you can choose a ‘Screening by Agreement’ within your application using our online licensing system.
Once a case is allocated, applicants must inform the case team if they intend to screen by agreement if it was not included with the application. You will receive your case team contact details once your case has been allocated. MMO will then work with you to produce a Screening by Agreement letter. Applicant can also submit a Screening by Agreement request as part of a scoping request.
If your project was screened by a Screening by Agreement, or a Screening by determination before you started an Environmental Impact Assessment, you must submit an Environmental Statement with your marine licence application. If you do not, we’ll ask you to withdraw your application, or we’ll reject your application.
Scoping opinion (optional)
You can request a Scoping Opinion after a Screening by Determination or Screening by Agreement has been completed. Having a Scoping Opinion in place may help us to process your application more easily.
For a Scoping Opinion, we will set out the extent and content (scope) of the Environmental Impact Assessment you need to complete, and you will formally accept our advice. You must make sure that your final Environmental Impact Assessment meets the scope we’ve agreed.
There is a charge for this service. Find out about our fees.
You can request a Scoping Opinion from your account using our online licensing system. You need to do this before you start your marine licence application. Your Scoping Opinion request must include:
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a chart, plan or map sufficient to identify the location of the activities during the project
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a brief description of the nature and purpose of the project and its possible effects on the environment
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information about any related applications to another authority
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consideration of the following topics:
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biodiversity/nature conservation
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seascape/landscape
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archaeology/cultural heritage
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air quality and climate
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water quality
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seabed/land/soil quality
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population and human health
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cumulative impacts and in-combination impacts
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risk of major accident and disaster including climate change
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mitigation
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monitoring
Once your Scoping Opinion request has been received, we’ll undertake a 4-week consultation with primary advisors and our technical advisors. We’ll aim to issue your Scoping Opinion within 13 weeks from receipt of your acceptance of the fee estimate. Any advice from a scoping opinion must be incorporated into the Environmental Statement.
Environmental Statement Review (optional)
You can ask us to review your Environmental Statement before you submit your marine licence application. You can make this request from your account on our online licensing system.
There is a charge for this service. Find out about our fees.
There is no required format for the Environmental Statement but it must include the information set out in Schedule 3 of the Marine Works Regulations (MWR).
You must include a statement of professional expertise with your Environmental Statement. The professional environmental team who have prepared your Environmental Statement will be able to provide a statement of professional expertise. Under Marine Works Regulation, the statement of professional expertise must show consideration in relation to:
- population and human health
- risk of major accident, disaster and climate change
During our Environmental Impact Assessment (EIA) review we will carry out consultation for a period of 42 days, and invite representation from the public. During this time, we will send you a template for a consultation advertisement. You must arrange for the advertisement to be published in two newspapers for two consecutive weeks and provide evidence of the publications. That is four notices in total. Failure to do so will delay the progress of your application and may lead to your application being rejected.
Environmental Impact Assessment Consent Decision
An Environmental Impact Assessment Consent Decision is a document that we create to record our decision making regarding your project, activities and completed Environmental Impact Assessment.
If we do not have any outstanding concerns, we’ll add our Environmental Impact Assessment Consent Decision relating to your application to the MMO public register. We’ll also send the decision directly to you, and to:
- any person who made a representation
- anyone that responded to the consultation
- the authorities of any European Economic Area state who were consulted (if any)
Our Environmental Impact Assessment Consent Decision will include an explanation and reference to the environmental information we considered. It will also set out:
- measures that must be taken to avoid, reduce and, if possible, offset the principal adverse effects of the licensed activity (mitigation measures)
- measures required to monitor risk or extent of negative impact, or the effectiveness of any mitigation measures
When our Environmental Impact Assessment Consent Decision is sent to you we’ll also send you a template for Environmental Impact Assessment Consent Notice. You must arrange for the notice to be published in the same newspapers you used for the consultation advertisement.
If the Environmental Impact Assessment Consent is given, we will then decide whether to approve your application for a marine licence. If the Environmental Impact Assessment Consent is refused, we will not approve your request for a marine licence and your application will be rejected.
Deferral of Environmental Impact Assessment (EIA) Consent Decision
It may be possible for us to defer your Environmental Impact Assessment and Decision to another authority. The deferral will be done in compliance with the coastal concordat, and under Article 10(1)(b)(i and ii) of Marine Works Regulation.
The deferral process has two stages:
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an initial intent to defer letter is sent to you and the other appropriate authority highlighting the possibility of deferring.
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a final deferral decision is then made, if we are in agreement, that the assessment of the other appropriate authority is sufficient to meet the requirements of the Environmental Impact Assessment (EIA) Directive in relation to the project.
If we do produce a Deferral decision on your Environmental Impact Assessment, this will be published on the MMO public register. It will also be sent to you and to:
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the other appropriate authority whose decision MMO have deferred to;
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every consultation body that the other appropriate authority notified of its decision;
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any EEA state that the other appropriate authority notified of its decision (if relevant);
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any person/body MMO consulted as regulator under Marine and Coastal Access Act (MACAA) 2009 69(4) or 1985 Act 8(11B).
Marine conservation zone assessment
We will assess if your projects or activity will impact on a Marine Conservation Zone.
You should check if your project or activity is within or near a Marine Conservation Zone using the interactive map of marine protected areas. If your project or activity is near to or within a Marine Conservation Zone, you’ll need to provide information about how your activities could impact the features of the Marine Conservation Zone and suggest how you’ll reduce any negative effects within your application.
Our Marine Conservation Zone assessment is made up of two stages.
Stage 1: We’ll look at the likelihood of your activities damaging the environment. If we decided that your activities are high risk, we’ll ask you to consider changing your methods or moving location. Whilst we wait for your response we’ll place your application on hold. If there are no other options your application will move on to stage 2.
Stage 2: We’ll ask you to prove that the benefit to the public of your activities is greater than the risk of damage to the environment. We’ll need you to show how you’ll mitigate the damage (known as ‘compensatory measures’) using Measures of Equivalent Environmental Benefits (MEED). This could be by carrying out a second activity that has a positive benefit for the environment. We’ll help you to identify what this activity could be. We’ll ask statutory nature conservation bodies to support us in this process too. We could ask you to make environmental enhancements, but only where the associated costs are proportionate to the cost of the development.
Habitats Regulations assessment
We’ll assess your application for impacts on European and Ramsar sites. You can check if your project or activity is near a designated site using magic maps.
If your project or activity is near a designated site, your application will need to include:
- the location of the project in relation to any European site(s)
- the interest features and conservation objectives of the European site(s)
- an indication of the means by which, the plan or project could impact upon the conservation objectives and designated features of the site and a description of any such effects
- the potential for in combination effects with other plans or projects
- any proposed mitigation measures
If you are unsure if you’re project or activity will be near to a designated site we recommend you use our pre-application service before you submit your marine licence application. You can do this from your account by submitting an enquiry on our online licensing system.
There is a charge for this service. Find out about our fees.
If we decided that your project or activity is likely to have a significant effect on a European site, then we’ll need to complete an Appropriate Assessment. During this process we’ll need you to provide adequate mitigation to prevent damage to the environment. We’ll also ask you to put in place measures to ensure these is no adverse effect on the integrity of the site. Any applications which require an Appropriate Assessment will be or become a band 3 application. Find out about our band fees.
Water Framework Directive (WFD) Regulations
The Environment Agency require a Water Framework Directive assessment to be included within your application if your activity falls within the mean low water mark to 1 nautical mile from the shore. Read the guidance on the Water Framework Directive assessment here.
Waste Regulations
Your application must include how waste generated by your project or activity will be dealt with in an environmentally friendly way. For more information, please see our ‘Guidance on applying the waste hierarchy’.
Sample plan for sediment analysis
If your activity involves dredging you’ll need to agree a Sediment Sample Plan and complete a sediment analysis, as detailed by the sample plan.
Dredging is the process of removing any material from the seabed. We also licence the subsequent sediment analysis as detailed by the sample plan.
Before you carry out the sediment analysis, you’ll need to agree a Sediment Sample Plan with us in consultation with the Centre for Environment, Fisheries and Aquaculture Science (Cefas).
The Sediment Sample Plan will set out the sample locations. It’ll also state the specific biological, chemical and physical analysis that needs to be completed.
You can request a Sediment Sample Plan from your account on our online licensing system.
Once your Sediment Sample Plan is agreed, you can start your sediment sampling and sediment analysis. This must be undertaken by an MMO validated laboratory.
If you apply for a marine licence before a Sediment Sample Plan is agreed, or if the sediment analysis is missing information agreed with us in the Sediment Sample Plan, we’ll place your application hold until you complete the correct sampling and analysis.
Updates to this page
Last updated 4 May 2022 + show all updates
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Page updated with marine plan policy assessment
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Marine Plan Policy Assessment section updated to show changes coming to the system from April 2022.
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text update
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Updated to reflect legislative references as a result of the UK leaving the EU
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Text updated
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Updated text for WFD
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Guidance updated
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Text updated
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First published.