Maritime Area Planning Act 2021
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Issue of enforcement notices | ||
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141. (1) Subsection (2) applies where the MARA is of the opinion (in this section referred to as the “relevant opinion”) that a relevant ground applies to a holder. | ||
(2) Without prejudice to the generality of the other provisions of this Part and subject to subsection (3), the MARA may give the holder a notice in writing, accompanied by a copy of this Chapter— | ||
(a) stating the relevant opinion, | ||
(b) specifying the relevant ground as to why it is of that opinion and the reasons why it is of that opinion, | ||
(c) directing the holder to take such steps as are specified in the notice to remedy the relevant ground or, as the case may be, the matters occasioning it, and | ||
(d) specifying a period (ending not earlier than the period specified in section 142 (1) within which an application under that section to cancel a direction specified in the notice may be made) within which those steps must be taken. | ||
(3) The MARA shall not give the holder an enforcement notice unless, in the interests of procedural fairness, the MARA has first— | ||
(a) given the holder a notice in writing stating the nature of the enforcement notice that the MARA is minded to give to the holder and the reasons why the MARA is so minded, | ||
(b) given the holder a reasonable opportunity, in the circumstances concerned, to make representations in writing to the MARA on what is stated in the notice referred to in paragraph (a), and | ||
(c) had regard to the representations (if any) referred to in paragraph (b) made to the MARA. | ||
(4) The steps specified in an enforcement notice to remedy any relevant ground to which the notice relates may be framed so as to afford the holder a choice between different ways of remedying the relevant ground. | ||
(5) Where the holder to whom an enforcement notice has been given makes an application under section 142 (1) to cancel a direction specified in the notice, the steps specified in the notice, in so far as they relate to that direction, need not be taken by the holder pending the determination, withdrawal or abandonment of the application. | ||
(6) The MARA may cancel an enforcement notice by notice in writing given to the holder. | ||
(7) Where the holder fails to take the steps specified in an enforcement notice given to him or her, the MARA may, on notice to the holder, apply in a summary manner to the Circuit Court for an order requiring the holder to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the Circuit Court— | ||
(a) may— | ||
(i) make the order sought, | ||
(ii) make the order sought subject to such variations to those steps as may be specified in the order, or | ||
(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order, | ||
or | ||
(b) may dismiss the application, | ||
and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application. | ||
(8) For the avoidance of doubt, it is hereby declared that the giving of an enforcement notice to the holder does not relieve the holder of— | ||
(a) any duty, obligation or responsibility under another provision of this Act or another enactment that relates to, or | ||
(b) any liability arising from, | ||
the relevant ground to which the notice relates. |