Maritime Area Planning Act 2021

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PART 6

Enforcement

Chapter 1

Interpretation, application and material change of circumstances

Interpretation

134. (1) In this Part—

“act” includes an omission;

“enforcement notice” means a notice under section 141 (2);

“holder” means the holder or former holder, as appropriate, of a relevant authorisation;

“investigation” means an investigation under section 146 ;

“investigation report”, in relation to an investigation, means a report in writing prepared, following the completion of an investigation, by the authorised officer appointed under section 146 (1)(b) to carry out the investigation—

(a) stating that the authorised officer—

(i) is satisfied that a relevant ground applies to the holder the subject of the investigation, or

(ii) is not so satisfied,

as appropriate,

(b) if paragraph (a)(i) is applicable, stating the grounds on which the authorised officer is so satisfied, and

(c) if paragraph (a)(ii) is applicable, stating—

(i) the basis on which the authorised officer is not so satisfied, and

(ii) the authorised officer’s opinion, in view of such basis, on whether or not a further investigation of the holder the subject of the investigation is warranted and, if warranted, the authorised officer’s opinion on the principal matters to which the further investigation should relate;

“MAC” includes a MAC which has been terminated under Chapter 4 or revoked under Chapter 5;

“licence” includes a licence which has been terminated under Chapter 4 or revoked under Chapter 5;

“major sanction”, in relation to a holder, means—

(a) the revocation of the relevant authorisation concerned and a prohibition (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) against the holder making a relevant application for a new relevant authorisation or a particular class of relevant authorisation,

(b) the suspension for a specified period of the relevant authorisation concerned and a prohibition for a specified period against the holder making a relevant application for a new relevant authorisation or a particular class of relevant authorisation,

(c) a direction to the holder that the holder pay a sum, as specified in the direction but not exceeding the prescribed amount (or, if no amount is prescribed, not exceeding €50,000), to the MARA, being the whole or part of the cost to the MARA of an investigation of the holder,

(d) a direction to the holder that the holder pay a sum, as specified in the direction but not exceeding the prescribed amount (or, if no amount is prescribed, not exceeding €5,000,000), to the MARA by way of a financial penalty for an act of the holder specified in the direction, or

(e) any combination of any of the sanctions specified in paragraphs (a), (c) and (d) or paragraphs (b), (c) and (d);

“minor sanction”, in relation to a holder, means—

(a) the issue, to the holder, of—

(i) advice,

(ii) a caution,

(iii) a warning, or

(iv) a reprimand,

or

(b) any combination of any of the sanctions specified in paragraph (a);

“premises” includes place and any fixed or moveable structure;

“relevant application” means, as appropriate—

(a) a MAC application,

(b) a licence application,

(c) both a MAC application and a licence application, or

(d) an application under section 88 or 126 ;

“relevant authorisation” means a MAC or licence;

“relevant ground”, in relation to a holder, means that—

(a) the holder has contravened a relevant provision,

(b) the holder is contravening a relevant provision,

(c) the holder has contravened a relevant provision in circumstances that make it likely that the contravention will continue or be repeated,

(d) there has been a material change of circumstances of the holder,

(e) the holder (including in the holder’s former capacity as an applicant for the relevant authorisation concerned) has given information to the MARA under this Act that was false or misleading in a material particular, or

(f) the holder has failed to comply with an enforcement notice;

“relevant provision” means a provision of—

(a) a relevant authorisation, or

(b) this Act.

(2) Where a provision of this Part confers a discretion on the MARA or a court to revoke or suspend a relevant authorisation which is a MAC and the holder of the relevant authorisation holds two or more relevant authorisations which are MACs, that discretion may be exercised so as to revoke or suspend, as the case may be, some or all of those relevant authorisations as the MARA or the court, as the case may be, thinks fit in all the circumstances of the case, and the other provisions of this Part shall, with all necessary modifications, be construed accordingly.