Maritime Area Planning Act 2021
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Chapter 12 Transitional provisions - foreshore authorisations, unauthorised usages and MACs | ||
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Transitional provisions for certain foreshore authorisations | ||
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105. (1) This section applies to a foreshore authorisation where the maritime usage the subject of the authorisation would, if it were not the subject of the authorisation, have to be, inter alia, the subject of a MAC before it could be lawfully undertaken. | ||
(2) (a) Paragraphs (b) and (c) apply where the holder of a foreshore authorisation— | ||
(i) is lawfully occupying a part of the foreshore pursuant to the authorisation, and | ||
(ii) wishes to— | ||
(I) amend the authorisation, or | ||
(II) continue to occupy that part after the expiration of the authorisation without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation. | ||
(b) The holder may, at any time before the expiration of the foreshore authorisation, make a MAC application to surrender the authorisation to the MARA for a MAC and, in any such case, section 79 and the other provisions of this Part (including section 84 ) shall, with all necessary modifications, apply to the authorisation, the MAC application, and the application’s determination under section 81 , accordingly. | ||
(c) The foreshore authorisation shall expire— | ||
(i) upon the holder being granted a MAC pursuant to the MAC application referred to in paragraph (b), or | ||
(ii) in accordance with the provisions of the authorisation and the Act of 1933, | ||
whichever first occurs. | ||
(3) (a) Paragraphs (b) and (c) apply where— | ||
(i) the holder of a foreshore authorisation— | ||
(I) is lawfully occupying a part of the foreshore area pursuant to the authorisation, and | ||
(II) wishes to discontinue to occupy that part in favour of another person occupying that part, | ||
and | ||
(ii) the other person wishes to occupy that part without undertaking any further maritime usage in addition to the maritime usage the subject of the authorisation. | ||
(b) The holder of the foreshore authorisation and the other person may, at any time before the expiration of the authorisation, make a joint MAC application to surrender the authorisation to the MARA for a MAC for the maritime usage the subject of the authorisation and, in any such case, section 79 and the other provisions of this Part (including section 84 ) shall, with all necessary modifications, apply to the authorisation, the joint MAC application, and the application’s determination under section 81 , accordingly. | ||
(c) The foreshore authorisation shall expire— | ||
(i) upon the other person being granted a MAC pursuant to the joint MAC application referred to in paragraph (b), or | ||
(ii) in accordance with the provisions of the authorisation and the Act of 1933, | ||
whichever first occurs. |