Maritime Area Planning Act 2021
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Grant or refusal of licence | ||
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119. (1) Subject to section 117 (2), (3) and (7) and subsections (2) and (4) to (7), the MARA shall determine a licence application by— | ||
(a) granting a licence to the applicant for the occupation of a specific part of the maritime area for the purposes of the proposed Schedule 7 usage the subject of the application and subject to such conditions (if any) attached to the licence by virtue of section 120 (1) as the MARA thinks fit, or | ||
(b) giving notice in writing to the applicant refusing to grant a licence. | ||
(2) The MARA shall, to the extent that is practicable to do so, determine a licence application not later than 30 days after the day on which the MARA is satisfied that the applicant has complied with all the requirements of or under this Part in so far as they relate to the application. | ||
(3) Where the MARA— | ||
(a) grants a licence for part only of the Schedule 7 usage sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), | ||
(b) grants a licence to which conditions are attached by virtue of section 120 (1), or | ||
(c) refuses to grant a licence, | ||
the MARA shall, at the same time, give the applicant notice in writing of the reasons for the partial grant, conditions or refusal, as the case may be. | ||
(4) A licence shall include the following at a minimum: | ||
(a) particulars of the name and address of the holder of the licence; | ||
(b) particulars of the Schedule 7 usage the subject of the licence and the part of the maritime area where the usage will be undertaken; | ||
(c) particulars of the period (if any) to which the licence relates (including any time limits or other restrictions to apply during that period); | ||
(d) the conditions (if any) attached to the licence by virtue of section 120 (1). | ||
(5) The MARA shall, in determining a licence application, take into account any submissions referred to in section 117 (6)(b)(ii). | ||
(6) (a) Paragraph (b) applies where the MARA is minded to determine a licence application by— | ||
(i) granting a licence to the applicant but— | ||
(I) for part only of the licence sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), or | ||
(II) with conditions attached to the licence by virtue of section 120 (1), | ||
or | ||
(ii) refusing to grant a licence. | ||
(b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the applicant stating that— | ||
(i) the MARA is minded to determine the application as specified in paragraph (a) and setting out the MARA’s reasons why it is so minded, and | ||
(ii) the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a determination under subsection (1) following the expiration of that period. | ||
(7) For the avoidance of doubt, it is hereby declared that subsection (6) only applies once to the same licence application. |