Maritime Area Planning Act 2021
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Chapter 2 When MAC is required, etc. | ||
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When MAC is required prior to seeking development permission, etc. | ||
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75. (1) Subject to subsection (4), where development permission is required for a proposed maritime usage in a part of the maritime area, a person shall not seek, or otherwise have (by whatever means), such permission unless he or she is, in respect of that part, the holder of a MAC for the occupation of that part for the purposes of such usage. | ||
(2) (a) Subject to subsection (3), the Minister may by regulations specify, for the purposes of paragraph 8 of Schedule 3 , a class of maritime usage where he or she is of the opinion that— | ||
(i) by reason of the size, nature or limited impact on the maritime area, of maritime usage which falls within that class, the undertaking of such usage would not offend against the principles of proper management of the maritime area and sustainable usage of the maritime area, or | ||
(ii) the maritime usage is authorised, or is required to be authorised, by or under any enactment (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation). | ||
(b) Regulations made under paragraph (a) may be subject to conditions and be of general application or apply to such part of the maritime area as may be specified in the regulations. | ||
(3) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA. | ||
(4) Subsection (1) shall not apply to any proposed maritime usage specified in Schedule 3 . |