Maritime Area Planning Act 2021
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SCHEDULE 6 Types of conditions that MARA may attach to MAC or that are deemed to be attached to MAC | ||
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Part 1 Types of conditions MARA may attach to MAC | ||
1. A condition requiring the holder of a MAC to provide an indemnity to the State for— | ||
(a) a failure to comply with— | ||
(i) a provision of the MAC, | ||
(ii) a provision of this Act relevant to the MAC, or | ||
(iii) a provision of one or more than one condition attached, or deemed to be attached, to the MAC, | ||
or | ||
(b) any liability arising from the undertaking of the maritime usage the subject of the MAC. | ||
2. A condition specifying the nature of an indemnity referred to in paragraph 1. | ||
3. A condition that the holder of a MAC gives notice in writing to the MARA of any change of circumstances that a reasonable person would consider might be a material change of circumstances. | ||
4. A condition requiring the holder of a MAC to maintain, update and adhere to any work programme submitted as part of the application, whether or not such programme was initially so submitted. | ||
5. A condition specifying the date on or before which the application for the planning permission concerned shall be made. | ||
6. A condition providing for the payment of any levy by the holder of a MAC. | ||
7. A condition specifying the date or dates, or the occurrence of the event or events, on which other conditions or obligations, or both, imposed under this Act, the Act of 2000 or any other enactment, specified in the first-mentioned condition and which relate to the maritime usage the subject of the MAC, are required to be complied with or otherwise discharged. | ||
8. A condition requiring the holder of a MAC to permit the MARA to— | ||
(a) enter the maritime area the subject of the MAC if the MARA is satisfied that the holder has materially contravened— | ||
(i) a provision of the MAC, | ||
(ii) a provision of this Act relevant to the MAC, or | ||
(iii) a provision of one or more than one condition attached, or deemed to be attached, to the MAC, | ||
or | ||
(b) enter the part of the maritime area the subject of the MAC for the purposes of enabling the MARA to carry out inspections (including periodic inspections) for the purposes of ascertaining whether or not clause (a) applies. | ||
9. If a MAC is terminated under Chapter 4 of Part 6 or revoked under Chapter 5 of that Part, a provision requiring the former holder of the MAC (and notwithstanding that termination or revocation) to comply, in relation to that MAC, with section 96 — | ||
(a) as if the reference in section 96 (1) to the expiration of a MAC were a reference to that termination or revocation, and | ||
(b) to the extent practicable in all the circumstances of the case. | ||
10. If a condition referred to in paragraph 1 is attached to a MAC, a condition requiring the holder of the MAC to increase the amount of the indemnity referred to in that paragraph, or to provide a further such indemnity— | ||
(a) if the holder receives a notice in writing from the MARA stating that the MARA is satisfied the first-mentioned indemnity is, for the reasons stated in the notice, insufficient to cover the likely cost of one or more than one failure referred to that paragraph and identified in the notice, | ||
(b) in such amount as is not less that the amount specified in the notice for the purpose, and | ||
(c) within the period (being a period reasonable in all the circumstances of the case) specified in the notice for the purpose. | ||
11. A condition requiring the holder of a MAC to maintain, update and adhere to any rehabilitation schedule submitted as part of the MAC application (or, where section 96 or 97 applies, the rehabilitation schedule concerned), whether or not such schedule was initially so submitted. | ||
12. A condition specifying the date, or the occurrence of the event, on which a MAC expires. | ||
13. In the case of a maritime usage the subject of a MAC that has been granted development permission, a condition requiring the holder of the MAC— | ||
(a) to give a copy of the development permission to the MARA as soon as is practicable after the development permission has been granted, and | ||
(b) to give a copy of any material alteration made to the development permission to the MARA as soon as is practicable after the alteration has been made. | ||
14. A condition requiring the holder of a MAC to not use the part of the maritime area the subject of the MAC for any purpose other than the maritime usage the subject of the MAC. | ||
15. A condition requiring the holder of a MAC to give notice in writing to the MARA of any proposed use or occupation of a part of the maritime area adjacent to that part of the maritime area that is the subject of the MAC where such use or occupation is reasonably required in order to fulfil a provision of an authorisation by or under another enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation). | ||
16. Without prejudice to the generality of Chapter 6 of Part 6, a condition imposing obligations on the former holder of a MAC that has been terminated under Chapter 4 of Part 6 . | ||
17. A condition specifying the circumstances in which there is a moratorium on the payment of any levy (or part thereof) by the holder of a MAC which is otherwise due and owing to the MARA. | ||
18. A condition requiring the holder of a MAC to complete the rehabilitation required by the rehabilitation schedule referred to in paragraph 11 before the expiration of the MAC. | ||
19. A condition requiring the holder of a MAC not to use the MAC as an asset for the purposes of collateral for loans. | ||
20. Where section 105 (2)(b) or (3)(b) applies, a condition enabling the MARA to attach to a MAC one or more than one covenant, condition or agreement contained in the foreshore authorisation concerned. | ||
21. A condition requiring the holder of a MAC to prepare, publish, maintain, update and adhere to a plan relating to public engagement on all or any matters relating to the maritime usage the subject of the MAC. | ||
22. A condition requiring the holder of a MAC which is not an individual to follow steps specified by the MARA relating to any prospective change of control in the ownership of the holder. | ||
23. A condition specified for the purposes of this paragraph in regulations made under section 82 (3). | ||
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Part 2 Conditions deemed to be attached to MAC | ||
24. A condition that the holder of a MAC continues to be a fit and proper person (within the meaning of Schedule 2 ) to hold the MAC. | ||
25. A condition specified for the purposes of this paragraph in regulations made under section 82 (3). |