Maritime Area Planning Act 2021
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Material amendment to MAC | ||
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86. (1) Subject to sections 96 and 97 , the holder of a MAC who wishes to amend the MAC in any material way (including, if applicable, in order to obtain, or assist in the obtainment of, development permission for the maritime usage the subject of the MAC) shall make a MAC application for such amendment and, in the case of such application, section 79 and the other provisions of this Part (including section 84 ) applicable to a MAC application and its determination under section 81 shall, with all necessary modifications, apply accordingly. | ||
(2) Subject to subsection (3) and (4), the Minister may by regulations specify classes of amendments to a MAC that are, for the purposes of this section, non-material amendments. | ||
(3) Where the Minister makes regulations under subsection (2), he or she shall, in addition to having regard to the other provisions of this Act, also have regard to the following principles and policies in relation to the proposed classes of amendments referred to in that subsection: | ||
(a) that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential; | ||
(b) that the amendments which fall within the class should not cause any significant erosion of the provisions of the MAC relating to any avoidance or abatement measures. | ||
(4) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA. | ||
(5) (a) The holder of a MAC who wishes to make an amendment to the MAC which it considers to be a non-material amendment may make an application in the specified form, accompanied by the specified fee, to the MARA for the MARA to make such amendment to the MAC. | ||
(b) Where the MARA is satisfied that the amendment sought is a non-material amendment (including in any case where it is so satisfied by virtue of submissions referred to in paragraph (c) made to it), it shall make the amendment to the MAC and issue the MAC as so amended to the holder and the MAC as so amended shall, on and after the date of such issue and for all purposes, replace the MAC as in force immediately before it was so amended. | ||
(c) Where the MARA is not satisfied that the amendment sought is a non-material amendment, it shall, in the interests of procedural fairness, give a notice in writing to the holder stating— | ||
(i) the MARA’s reasons why it is not so satisfied, and | ||
(ii) that the holder may, if the holder wishes to do so, within the period specified in the notice (being a period of not less than four weeks from the date that the holder receives the notice), make, in view of those reasons only, submissions in writing on those reasons for the MARA’s further consideration before the MARA decides whether or not it is satisfied that the amendment is a non-material amendment. | ||
(d) Where submissions referred to in paragraph (c) made before the expiration of the period concerned referred to in that paragraph do not satisfy the MARA that the amendment sought is a non-material amendment, or no such submissions are made before the expiration of that period, the MARA shall, as soon as is practicable after that expiration, give the holder notice in writing that the MARA is not satisfied that the amendment sought is a non-material amendment and setting out the reasons why the MARA is not so satisfied. | ||
(e) Where paragraph (b) applies, the MARA shall, as soon as is practicable after issuing the MAC, as amended as referred to in that paragraph, to the holder, publish on its website, at a minimum, sufficient particulars of the amendment made to the MAC to enable members of the public to understand the nature of the amendment and sufficient particulars of the MAC to readily identify it. | ||
(f) Where paragraph (d) applies, the MARA shall, as soon as is practicable after it gives the notice referred to in that paragraph to the holder, publish on its website, at a minimum, a copy of the notice. | ||
(6) (a) This subsection applies where a maritime usage the subject of a MAC has development permission. | ||
(b) Subject to paragraph (c), the MARA shall specify in the amendment concerned made pursuant to subsection (1) that it has no effect unless and until the applicant has given the amendment to the Board (P) or CPA, as appropriate, and— | ||
(i) the Board (P) or CPA has stated in writing that a new or amended development permission is not required to take account of such amendment, or | ||
(ii) in any other case, the new or amended development permission is granted to take account of such amendment. | ||
(c) Paragraph (b) shall not be construed to prevent the Board (P) or CPA, as the case may be, that is determining the application for the new or amended development permission from taking the amendment into account for the purposes of such determination. | ||
(7) (a) This subsection applies where a maritime usage the subject of a MAC does not require development permission. | ||
(b) Subject to paragraph (c), the MARA shall specify in the amendment concerned made pursuant to subsection (1) that it has no effect unless and until the applicant has given the amendment to the Board (P) or CPA, as appropriate, and— | ||
(i) the Board (P) or CPA has stated in writing that a development permission is not required to take account of such amendment, or | ||
(ii) in any other case, a development permission is granted to take account of such amendment. | ||
(c) Paragraph (b)(ii) shall not be construed to prevent the Board (P) or CPA, as the case may be, that is determining the application for development permission from taking the amendment into account for the purposes of such determination. | ||
(8) In this section— | ||
“material amendment”, in relation to a MAC, means any amendment to the MAC other than a non-material amendment; | ||
“non-material amendment”, in relation to a MAC, means an amendment which falls within a class of amendments specified in regulations made under subsection (2). |