Maritime Area Planning Act 2021
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Criteria to which MARA shall have regard in determining MAC application | ||
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80. (1) Without prejudice to the generality of section 81 (1)(b) and subject to section 103 , the MARA shall, in determining a MAC application under section 81 , have regard to the criteria specified in Schedule 5 in so far as such criteria are relevant to the occupation of the part of the maritime area the subject of the application for the purposes of the undertaking of the proposed maritime usage the subject of the application. | ||
(2) (a) Subject to subsections (3) and (4), the Minister may by regulations specify, for the purposes of paragraph 11 of Schedule 5, additional criteria that the MARA shall have regard to in determining a MAC application under section 81 . | ||
(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 or such maritime usages as may be specified in the regulations. | ||
(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 additional criteria: | ||
(a) whether, in the opinion of the Minister, the criteria assist in the furtherance of the objectives of the National Marine Planning Framework; | ||
(b) whether, in the opinion of the Minister, the criteria assist in ensuring that the holder of a MAC and the State comply with their respective relevant obligations under the Convention and the Act of 2021; | ||
(c) whether, in the opinion of the Minister, the criteria assist in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both. | ||
(4) On and after the establishment day, the Minister shall not make regulations under subsection (2) except after consultation with the MARA. |