Maritime Area Planning Act 2021
|
Material amendment to licence | ||
|
125. (1) The holder of a licence who wishes to amend the licence in any material way shall make a licence application for such amendment and, in the case of such application, section 117 and the other provisions of this Part (including section 122 ) applicable to a licence application and its determination under section 119 shall, with all necessary modifications, apply accordingly. | ||
(2) Subject to subsections (3) and (4), the Minister may by regulations specify classes of amendments to a licence that are, for the purposes of this section, non-material. | ||
(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, also have regard to the following principles and policies in relation to the proposed classes of amendments referred to in that subsection: | ||
(a) that the amendments which fall within the class should be trivial, insignificant, minor or inconsequential; | ||
(b) that the amendments which fall within the class should not cause any significant erosion of the provisions of the licence relating to any avoidance or mitigation measures. | ||
(4) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA. | ||
(5) (a) The holder of a licence who wishes to make a non-material amendment to the licence shall give notice in the specified form to the MARA of the amendment not less than 10 days before making the amendment. | ||
(b) Nothing in paragraph (a) shall be construed to prejudice the generality of the MARA’s powers under Part 6 . | ||
(6) In this section— | ||
“material amendment”, in relation to a licence, means any amendment to the licence other than a non-material amendment; | ||
“non-material amendment”, in relation to a licence, means an amendment which falls within a class of amendments specified in regulations made under subsection (2). |