Maritime Area Planning Act 2021
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SCHEDULE 8 Types of conditions that MARA may attach to Licence | ||
1. A condition requiring the holder of a licence to provide an indemnity to the State for— | ||
(a) a failure to comply with— | ||
(i) a provision of the licence, | ||
(ii) a provision of this Act relevant to the licence, or | ||
(iii) a provision of one or more than one condition attached, or deemed to be attached, to the licence, | ||
or | ||
(b) any liability arising from the undertaking of the maritime usage the subject of the licence. | ||
2. A condition specifying the nature of an indemnity referred to in paragraph 1. | ||
3. A condition requiring the holder of a licence to give 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 licence to adhere to a work programme specified, or referred to, in the condition (including the specification of dates by which, or the occurrence of events on which, a stage of the work programme should be commenced or completed). | ||
5. 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, or any other enactment, specified in the first-mentioned condition and which relate to the Schedule 7 usage the subject of the licence, are required to be complied with or otherwise discharged. | ||
6. A condition requiring the holder of a licence to permit the MARA to— | ||
(a) enter the part of the maritime area the subject of the licence if the MARA is satisfied that the holder has materially contravened— | ||
(i) a provision of the licence, | ||
(ii) a provision of this Act relevant to the licence, or | ||
(iii) a provision of one or more than one condition attached, or deemed to be attached, to the licence, | ||
or | ||
(b) enter the part of the maritime area the subject of the licence for the purposes of enabling the MARA to carry out inspections (including periodic inspections) for the purposes of ascertaining whether or not subparagraph (a) applies. | ||
7. If a condition referred to in paragraph 1 is attached to a licence, a condition requiring the holder of the licence 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 potential failure or liability referred to in that paragraph and identified in the notice, | ||
(b) in such amount as is not less than 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. | ||
8. A condition specifying the date, or the occurrence of the event, on which a licence expires. | ||
9. A condition requiring the holder of a licence to not use the part of the maritime area the subject of the licence for any purpose other than the Schedule 7 usage the subject of the licence. | ||
10. A condition requiring the holder of a licence to ensure that, on completion of any site investigation or survey works, all data (not being commercially sensitive data within the meaning of section 128 ) collected in consequence thereof is given to a public body or other body specified in the condition where the information is relevant to a function of the body and so given— | ||
(a) in a format requested by the body, and | ||
(b) as soon as is practicable after the data has been so obtained. | ||
11. A condition requiring the holder of a licence to give the MARA not less than 14 days advance notice in writing before undertaking any site investigation or survey works specified in the condition or the licence. | ||
12. A condition requiring the holder of a licence to arrange for the publication of appropriate marine notices giving a general description of operations and approximate dates of commencement and completion of operations. | ||
13. A condition requiring the holder of a licence to appoint— | ||
(a) a fisheries liaison officer to consult with the Sea Fisheries Protection Authority and relevant fishers’ groups in order to ensure that appropriate actions are taken to avoid or minimise any adverse interactions between the activities or operations the subject of the licence and any ongoing fishing activities in the part of the maritime area the subject of the licence, or | ||
(b) a liaison officer who may be consulted by relevant stakeholders in order to ensure that appropriate actions are taken to avoid or minimise any adverse interactions between the activities or operations the subject of the licence and any other activities or operations in the part of the maritime area the subject of the licence. | ||
14. A condition requiring the holder of a licence to ensure that the least amount necessary of the maritime area is used to provide access to the part of the maritime area the subject of the licence. | ||
15. A condition requiring the holder of a licence to schedule the activities or operations the subject of the licence so as to cause the least amount necessary of disruption and inconvenience to other users of the maritime area. | ||
16. Without prejudice to the generality of Chapter 6 of Part 6 , a condition imposing obligations on the former holder of a licence that has been terminated under Chapter 4 of Part 6 . | ||
17. Where section 129 (2)(b) or (3)(b) applies, a condition enabling the MARA to attach to a licence one or more than one covenant, condition or agreement contained in the foreshore authorisation concerned. | ||
18. Any type of condition specified, for the purposes of this paragraph, in regulations made under section 120 (2). |