Maritime Area Planning Act 2021
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Chapter 2 Grant or refusal of licence and related matters | ||
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Prohibition against undertaking certain maritime usages in maritime area without licence | ||
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113. (1) A person shall not undertake a Schedule 7 usage (other than an exempted usage) in any part of the maritime area unless he or she is, in respect of that part, the holder of a licence for such usage. | ||
(2) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 14 of Schedule 7 , a maritime usage (not being a maritime usage which requires development permission) where the Minister is satisfied that such usage— | ||
(a) would, if undertaken, have one or more than one of the following apply: | ||
(i) be for, or occur over, a limited and ascertainable period; | ||
(ii) be a usage that is required to be undertaken for the purposes of a condition attached to a MAC by virtue of section 82 ; | ||
(iii) be investigative in nature or for the purposes of discovery; | ||
(iv) be limited in scale; | ||
(v) have a limited impact on the maritime area; | ||
(vi) not require authorisation by or under any other enactment (whether the authorisation takes the form of a licence, consent, approval or any other type of authorisation), | ||
and | ||
(b) could effectively be regulated by the application of the provisions of this Part to the usage. | ||
(3) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA. |