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Change 1
As published
72A Further fees chargeable where the appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers
(1) This section applies where the appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers.
(2) The licensing authority may require the licensee to pay a fee for—
(a) monitoring an activity authorised by the licence,
(b) assessing and interpreting the results of any monitoring of an activity authorised by the licence, or
(c) where the Welsh Ministers are the licensing authority, dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72.
(2A) Where the licensing authority is the Secretary of State or the Scottish Ministers, the authority may charge a fee for dealing with—
(a) a variation of the licence under section 72(3) (whether or not on an application), or
(b) a transfer and variation of the licence under section 72(7).
(3) In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—
(a) the environmental, economic or social consequences of any activity authorised by the licence, or
(b) whether the licensee is complying with any conditions attached to that licence.
(4) The fees that may be charged under subsections (2) and (2A) are to be determined by or in accordance with regulations made by the licensing authority.
(5) Regulations under subsection (4) may provide for different fees for different cases.
(6) If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine—
(a) where the Welsh Ministers are the licensing authority, an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, or
(b) where the licensing authority is the Secretary of State or the Scottish Ministers, an application for a variation of a licence under section 72(3) or a transfer and variation of a licence under section 72(7),
the authority may require the licensee or (as the case may be) other applicant to pay a fee towards the reasonable expenses of that investigation, examination or test.
(7) If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.
(8) The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).
(9) If a licensee or other applicant who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may—
(a) refuse to proceed with the application, or
(b) refuse to proceed with it until the failure is remedied.
Your change, as a redline
72A Further fees chargeable where the appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh Ministers
(1) This section applies where the appropriate licensing authority in relation to a marine licence granted under this Part is the Secretary of State, the Scottish Ministers or the Welsh Ministers.
(2) The licensing authority may require the licensee to pay a fee for—
(a) monitoring an activity authorised by the licence,
(b) assessing and interpreting the results of any monitoring of an activity authorised by the licence, or
(c) where the Welsh Ministers are the licensing authority, dealing with an application by the licensee for a variation, suspension, revocation or transfer of the licence under section 72.
(2A) Where the licensing authority is the Secretary of State or the Scottish Ministers, the authority may charge a fee for dealing with—
(a) a variation of the licence under section 72(3) (whether or not on an application), or
(b) a transfer and variation of the licence under section 72(7).
(3) In subsection (2) “monitoring”, in relation to a licence, means monitoring carried out for the purposes of enabling the licensing authority to determine—
(a) the environmental, economic or social consequences of any activity authorised by the licence, or
(b) whether the licensee is complying with any conditions attached to that licence.
(4) The fees that may be charged under subsections (2) and (2A) are to be determined by or in accordance with regulations made by the licensing authority.
(5) Regulations under subsection (4) may provide for different fees for different cases.
(6) If the licensing authority carries out any investigation, examination or test which in its opinion is necessary or expedient to enable it to determine—
(a) where the Welsh Ministers are the licensing authority, an application by a licensee for a variation, suspension, revocation or transfer of a licence under section 72, or
(b) where the licensing authority is the Secretary of State or the Scottish Ministers, an application for a variation of a licence under section 72(3) or a transfer and variation of a licence under section 72(7),
the authority may require the licensee or (as the case may be) other applicant to pay a fee towards the reasonable expenses of that investigation, examination or test.
(7) If a licensee fails to comply with a requirement to pay a fee charged under subsection (2)(a) or (b), the licensing authority may by notice vary, suspend or revoke the licence.
(8) The suspension of a licence under subsection (7) continues in effect until the fee is paid (but this is subject to any provision made under section 108(3)(b) in relation to notices under that subsection).
(9) If a licensee or other applicant who has applied for a variation, suspension, revocation or transfer of a licence under section 72 fails to comply with a requirement to pay a fee charged under this section in connection with that application, the licensing authority may—
(a) refuse to proceed with the application, or
(b) refuse to proceed with it until the failure is remedied.
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