Maritime Area Planning Act 2021
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Grant or refusal of MAC | ||
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81. (1) Subject to subsection (7) and sections 80 and 96 , the MARA shall determine a MAC application by— | ||
(a) granting consent to the applicant for the occupation of a specific part of the maritime area for the purposes of the proposed maritime usage the subject of the application and subject to such conditions (if any) attached to the consent by virtue of section 82 (1), as the MARA thinks fit, or | ||
(b) giving a notice in writing to the applicant refusing to grant a MAC. | ||
(2) The MARA shall, to the extent that is practicable to do so, determine a MAC application not later than 90 days after the day on which the MARA is satisfied that the applicant has complied with all the requirements of or under this Part in so far as they relate to the application. | ||
(3) Where the MARA— | ||
(a) grants a MAC for part only of the MAC sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), | ||
(b) grants a MAC to which conditions are attached by virtue of section 82 (1), or | ||
(c) refuses to grant a MAC, | ||
the MARA shall, at the same time, give the applicant notice in writing of the reasons for the partial grant, conditions or refusal, as the case may be. | ||
(4) A MAC shall include the following at a minimum: | ||
(a) particulars of the name and address of the holder of the MAC; | ||
(b) particulars of the maritime usage the subject of the MAC and the part of the maritime area where the usage will be undertaken; | ||
(c) particulars of the period (if any) to which the MAC relates (including any time limits or other restrictions to apply during that period); | ||
(d) the conditions (if any) attached to the MAC by virtue of section 82 (1). | ||
(5) Where section 75 (1) applies, the grant of a MAC does not confer on the holder of the MAC any estate, right or interest in or over the part of the maritime area the subject of the MAC unless and until the holder obtains— | ||
(a) development permission for the maritime usage the subject of the MAC, and | ||
(b) all other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) required under any other enactment in order to enable the holder to undertake such usage. | ||
(6) Where section 76 (1) applies, the grant of a MAC does not confer on the holder of the MAC any estate, right or interest in or over the part of the maritime area the subject of the MAC unless and until the holder obtains all other authorisations (whether the authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation) required under any other enactment in order to enable the holder to undertake the maritime usage the subject of the MAC. | ||
(7)(a) Paragraph (b) applies where the MARA is minded to determine a MAC application by— | ||
(i) granting a MAC to the applicant but— | ||
(I) for part only of the MAC sought by the applicant (including any case where the part of the maritime area concerned is reduced in size), or | ||
(II) with conditions attached to the consent by virtue of section 82 (1), | ||
or | ||
(ii) refusing to grant a MAC. | ||
(b) The MARA shall, in the interests of procedural fairness, give a notice in writing to the applicant stating— | ||
(i) how the MARA is minded to determine the application as specified in paragraph (a) and setting out the MARA’s reasons why it is so minded, and | ||
(ii) that the applicant may, if the applicant wishes to do so, within the period specified in the notice (being a period reasonable in all the circumstances of the case), provide, in view of those reasons only, supplementary material in the specified form to the MARA for the MARA’s further consideration before making a determination under subsection (1) following the expiration of that period. | ||
(8) For the avoidance of doubt, it is hereby declared that subsection (7) only applies once to the same MAC application. |