Maritime Area Planning Act 2021
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Conditions attached to MAC | ||
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82. (1) The MARA may attach to a MAC one or more than one condition which falls within one or more than one of the types of conditions specified in Part 1 of Schedule 6. | ||
(2) Subject to subsection (5), the conditions specified in Part 2 of Schedule 6 shall be deemed to be attached to each MAC. | ||
(3) Subject to subsections (4) to (6), the Minister may by regulations specify, for the purposes of paragraph 23 of Part 1 of Schedule 6 or paragraph 25 of Part 2 of that Schedule, additional types of conditions which may be attached, or be deemed to be attached, as the case may be, to a MAC. | ||
(4) Where the Minister makes regulations under subsection (3), 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 additional types of conditions: | ||
(a) whether the condition assists in the furtherance of the objectives of the National Marine Planning Framework; | ||
(b) whether the condition assists 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 the condition assists in promoting co-operation between users of the same part of the maritime area or adjoining parts of the maritime area, or both; | ||
(d) whether the condition assists in ensuring that the holder of a MAC fulfils his or her obligations under this Act in relation to the MAC. | ||
(5) A condition specified for the purposes of paragraph 25 of Part 2 of Schedule 6 by virtue of regulations made under subsection (3) shall not be deemed to be attached to a MAC granted before the condition was so specified. | ||
(6) On and after the establishment day, the Minister shall not make regulations under subsection (3) except after consultation with the MARA. |