Maritime Area Planning Act 2021
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Conditions attached to licence | ||
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120. (1) The MARA may attach to a licence one or more than one condition which falls within one or more than one of the types of conditions specified in Schedule 8. | ||
(2) Subject to subsections (3) and (8), the Minister may by regulations specify, for the purposes of paragraph 18 of Schedule 8 , additional types of conditions which may be attached to a licence. | ||
(3) Where the Minister makes regulations under subsection (2), he or she shall, in addition to having regard to the other provisions of this Act, have regard to the following principles and policies in relation to the additional types of conditions: | ||
(a) whether the condition assists in the furtherance of the objectives of the National Marine Planning Framework; | ||
(b) whether the condition assists in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both; | ||
(c) whether the condition assists in ensuring that the holder of a licence— | ||
(i) fulfils his or her obligations under this Act in relation to the licence, or | ||
(ii) manages the undertaking of the maritime usage the subject of the licence in an effective and efficient manner. | ||
(4) (a) Subject to subsection (5), it shall be deemed to be a condition of each licence that the MARA may, where it is of the opinion that the revocation, suspension or amendment of the licence is required in order to enable a MAC granted after the grant of the licence to have full force and effect, provide for such revocation, suspension or amendment, as the case may be, in the MAC and subject to such conditions (if any) as are specified in the MAC. | ||
(b) The MARA shall, at the same time as it grants a MAC to which paragraph (a) applies, give the holder of the licence concerned a copy of the MAC together with a statement in writing specifying the MARA’s reasons for the potential revocation, suspension or amendment, as the case may be, of the licence. | ||
(5) (a) Paragraph (b) applies where the MARA is minded to exercise its discretion referred to in subsection (4)(a) to revoke, suspend or amend a licence. | ||
(b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the holder of the licence concerned stating— | ||
(i) how the MARA is minded to exercise its discretion referred to in subsection (4)(a) and setting out the MARA’s reasons why it is so minded, and | ||
(ii) that the holder may, if the holder 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 the MARA, following the expiration of that period, makes a decision whether or not to exercise the discretion referred to in subsection (4)(a) and, if so, how to exercise such discretion. | ||
(6) Where the MARA decides to exercise its discretion referred to in subsection (4)(a) to revoke, suspend or amend a licence, the MARA shall give notice in writing of the decision to the holder of the licence and such decision shall not take effect until at least 30 days after the holder receives that notice. | ||
(7) It shall be deemed to be a condition of each licence that the part of the maritime area the subject of the licence is not for the exclusive use of the Schedule 7 usage the subject of the licence except where the licence expressly states that such part is for the exclusive use of such usage. | ||
(8) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA. |