The consultation sets out proposals for enforcing the new marine licensing system to regulate marine development works and activities, which will be introduced in April 2011.
Non-compliance with the marine licensing regime has potential to harm the environment, human health or pose risk to other sea-users. Non-compliance may also create competitive advantage to operators not acting within the law.
Apart from prosecution, current enforcement tools do not provide a fair or effective way to enforce against those breaching marine licensing conditions.
The proposed changes will introduce a suite of tools that will enable more effective and proportionate enforcement of licensing offences committed under the Act. They cover:
- A system of monetary penalties for licensing offences (fixed and variable monetary penalties); and
- A mechanism for people to appeal against statutory notices