OpenLegislation

Section 72A Further fees chargeable where the appropriate licensing authority is the Secretary of State, the Scottish Ministers or the Welsh MinistersC1C2F1F11

United Kingdom

(1)

This section applies where the F2appropriate 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)

F3where 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.

(F42A)

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 F5subsections (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—

(F6a)

F7where 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, F8or

(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 F9or (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 F10or 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.

Annotations

Textual amendments

F1

S. 72A inserted (24.2.2017 for specified purposes, 1.4.2017 in so far as not already in force) by Environment (Wales) Act 2016 (anaw 3), ss. 77(1), 88(3)(c) (with s. 77(2)); S.I. 2017/152, art. 2(a); S.I. 2017/504, art. 2 (which amendment is extended to S. and N.I. (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(8), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a))

F2

Words in s. 72A(1) substituted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(b), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F3

Words in s. 72A(2)(c) inserted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(c), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F4

S. 72A(2A) inserted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(d), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F5

Words in s. 72A(4) substituted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(e), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F6

Words in s. 72A(6) renumbered as s. 72A(6)(a) (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(f)(i), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F7

Words in s. 72A(6)(a) inserted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(f)(ii), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F8

S. 72A(6)(b) and word inserted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(f)(iii), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F9

Words in s. 72A(6) inserted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(f)(iv), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F10

Words in s. 72A(9) inserted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(g), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

F11

Words in s. 72A heading substituted (20.10.2026) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 232(2)(a), 255(9)(a) (with s. 247); S.I. 2026/1105, reg. 2(a)

Modifications

C1

Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)

C2

Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)

Notes on Part 4

Modifications

C1

Pt. 4 excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)

C2

Pt. 4 excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)

C3

Pt. 4 modified (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C4

Pt. 4 modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)

C5

Pt. 4 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C8

Pt. 4 modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)

C9

Pt. 4 modified (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 39 (with arts. 47, 48, Sch. 10)

C10

Pt. 4 modified (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), arts. 1, 5 (with arts. 37, 38, Sch. 10)

C11

Pt. 4 modified (22.9.2025) by The Morgan Offshore Wind Project Generation Assets Order 2025 (S.I. 2025/1012), arts. 1, 5 (with arts. 9, 10)

C12

Pt. 4 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 42(1) (with Sch. 12)

C13

Pt. 4 modified (23.12.2025) by The Morecambe Offshore Windfarm Generation Assets Order 2025 (S.I. 2025/1366), arts. 1, 5 (with arts. 9, 10)

C14

Pt. 4 modified (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 5 (with arts. 39, 40, Sch. 9)

C15

Pt. 4: power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 22(3), 32(1) (with s. 30)

C16

Pt. 4 modified (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), arts. 1, 35 (with arts. 44, 45, Sch. 14)

C17

Pt. 4 modified (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), arts. 1, 35 (with arts. 40, 41, Sch. 15)

Notes on Chapter 1

Modifications

C1

Pt. 4 Ch. 1 modified (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 27 (with art. 30)

C2

Pt. 4 Ch. 1 modified (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 11, Sch. 13 Pt. 2 Sch. 14 Pts. 2 (with arts. 12, 13, Pt. 2 para. 6, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4, Sch. 12 paras. 19)

C3

Pt. 4 excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)

C4

Pt. 4 excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)

C5

Pt. 4 modified (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C6

Pt. 4 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C9

Pt. 4 modified (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 39 (with arts. 47, 48, Sch. 10)