Maritime Area Planning Act 2021

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PART 9

Consequential Amendments

Chapter 1

Amendment of Foreshore Act 1933

Application - Act of 1933 and Maritime Area Planning Act 2021

175. The Act of 1933 is amended by the insertion of the following section after section 1D:

“Application - this Act and Maritime Area Planning Act 2021

1E. (1) In this section, ‘relevant Minister’ means the Minister of the Government who falls within paragraph (c) of section 1B.

(2) Subject to subsection (3), the relevant Minister shall not, on or after the relevant date, perform a function under a relevant section.

(3) Subsection (2) shall not apply to the relevant Minister’s determination of an application made under this Act before the relevant date but not finally determined before that date.

(4) The MARA may, on or after the establishment day—

(a) exercise the power or proviso for re-entry referred to in section 2(4), or

(b) exercise the power to terminate referred to in section 3(5),

to the same extent that the relevant Minister may have done so before the establishment day.

(5) (a) The relevant Minister shall not, on or after the establishment day, perform a function under the other provisions of this Act.

(b) The references in the other provisions of this Act to the appropriate Minister shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the MARA.

(c) The references in section 13AA to a Minister of the Government shall, on and after the establishment day and to the extent that such references are references to the relevant Minister, be construed as references to the MARA.

(6) In this section—

‘Act of 2021’ means the Maritime Area Planning Act 2021;

‘establishment day’ means the day appointed under section 41 of the Act of 2021;

‘foreshore authorisation’ has the meaning assigned to it by the Act of 2021;

‘function’, in relation to the relevant Minister, includes the relevant Minister being the person to whom a rent, fine, royalty, or other money, is paid or is required to be paid;

‘MARA’ means the Maritime Area Regulatory Authority;

‘other provisions of this Act’ means any provisions of this Act other than a relevant section;

‘relevant date’ means—

(a) in the case of a relevant section and a foreshore authorisation which falls within section 105 of the Act of 2021, the coming into operation of that last-mentioned section, and

(b) in the case of a relevant section and a foreshore authorisation which falls within section 129 of the Act of 2021, the coming into operation of that last-mentioned section;

‘relevant section’ means section 2, 3, 10, 13 or 20.”.